Law: Punjab Tenancy Act (XVI of 1887)

Section: 114

Punjab Tenancy Act (XVI of 1887) S. 114 [added by Punjab Tenancy (Amendment) Act (VII of 1952)]-Word "extinction" Meaning-Occupancy rights completely wiped out-Subsequent acquisition of proprietary rights-Not an accretion to previous occupancy right-Widow having occupancy right as life estate acquiring proprietary right under S. 114-Competent to alienate such property as full owner. A widow succeeding to the tenancy as a life estate after the death of his husband had acquired proprietary rights in accord ance with the provisions of section 114 of the Punjab Tenancy Act, 1887 [as introduced by the Punjab Tenancy (Amendment) Act 1952]. The sale of land by her subsequently was challenged by an heir of the husband of the widow on the plea that in view of the customary restrictions on her powers of alienation the widow was not competent to sell the land notwithstanding the acquisition of proprietary rights by her under section 114 of the Act. It was contended that the acquisition of proprietary rights could be treated no better than a mere accretion to the estate of which she was not the full owner and the accretion would carry with it all the characteristic disabilities of a life estate and as such being a limited owner of occupancy rights this characteristic of restricted ownership being her personal disability, not running with the land, she could not alienate the property as the estate interposed for a limited purpose between her husband and the next heir. It was argued on behalf of the widow that according to the provisions of section 114 of the Punjab Tenancy Act 1887, the analogy of accretion in regard to the creation of proprietary rights by operation of law is not applicable; and that the question of acquisition of proprietary rights became relevant after the occupancy rights had been extinguished in the first instance; and once extinction had taken place, there would be nothing for the reversioners to chal lenge. Held: Having regard to the provisions of section 114 of the Punjab Tenancy Act, 1887, and the dictionary meaning of the word "extinction" it is clear that with their extinction, the tenancy rights are completely wiped out and…