Law: Punjab Tenancy Act (XVI of 1872)

Section: 114

P L D 1957 W. P. (Rev.) 46           Punjab Tenancy Act (XVI of 1872)-----   -----S. 114-Non Muslim occupancy tenant-Custodian to decide question of extinguishment of occupancy rights-Pakistan (Administration of Evacuee Property) Ordinance (XV of 1949), S. 34.     ORDER   H. A. MAJID.-----The dispute between the parties initially related to the desire of the petitioners to oust the respondents from certain landed property. This property was formed by parts of lands included in three khataunis prepared at the time of rectangulation. The final decision in the case was that the order of ejectment issued against the respondents should be set aside.   I was moved for reviewing the said order which had been passed by Mr. Nasir Ahmad on 3rd March 1956. I decided to look into the matter further in respect of that part of the land in dispute which was included in Khatauni No. 171. My division to consider the said order in review was based on the claim that there was no non-Muslim occupancy tenant in that part of the land at the time of the establishment of Pakistan.   The khatauni itself contains the name of Bhagwan Dass as the occupancy tenant. The petitioners claim that this name had no business to be there, because in certain mutation proceedings prior to 1947, it had been decided that the occupancy right in that land had been extinguished. It is, however, clear that in fact no mutation removing the name of Bhagwan Dass was ever sanctioned before 1947. The question can arise whether a Revenue Officer dealing with mutations could effectively extinguished the existing occupancy tenancies. Thus, there is a dispute…