Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 4,10,19A

Law: Civil Procedure Code (V of 1908)

Section: O.VII,R.11

Law: Specific Relief Act, 1877

Section: 42

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 4, 10, 19-A [as inserted by Colonization of Government Lands (Punjab) (Amendment) Act (III of 1951)] & Sched. 1---Specific Relief Act (I of 1877), S.42---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for declaration---State land falling within Lower Jhelum Colony Area, District Shahpur---Allotment under HorseBreeding Scheme 1904-1906---Succession of tenancy rights---Scope---Inheritance mutation of original allottee attested on 23-5-1938 after his death in favour of his elder son (defendant) while excluding his younger son (plaintiff)---Defendant's application under O. VII, R. 11, C.P.C. for rejection of plaint in suit filed by his younger brother claiming on half share in inheritance of tenancy rights of original allottee---Validity---Terms and conditions of tenancy granted to original allottee pertained to lands maintained under Punjab Tenancy Act, 1887 being a special law, thus, West Pakistan Muslim Personal Law (Shariat Application) Act, 1962 being a general law would not apply thereto---Original allottee had died before insertion of S. 19-A in year 1951 in Colonization of Government Lands (Punjab) Act, 1912---According to terms and conditions regarding tenancies under Horse-Breeding Scheme 1904-1906, Tehsil Sargodha, rule of primogeniture was applicable in year 1938 at time of death of original allottee---Special condition of succession under rule of primogeniture stood abrogated w.e.f. 14-10-1940 by order of then Punjab Government---Impugned inheritance mutation dated 23-5-1938 had been attested in accordance with law under rule of primogeniture---Plaint was rejected in circumstances. Mst. Ghulam Bano alias Gulab Bano and others v. Mst. Noor Jehan and others 2005 SCMR 658 ref. (b) Administration of justice--- ----Mere misquoting of any provision of law would not render an order illegal. (c) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S.10---Constitution of Pakistan, Art. 199---Constitutional petition---Grant of tenancy rights of State land---Validity---Such tenancy, if granted by competent authority in accordance with law and rules, would not call for…

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