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

Section: 10(2)

  (a) Colonization of Government Lands (Punjab) Act (V of 1912), S. 10(2) read with Punjab Government Development Department Notification No. 2965-G, dated 22-7-1941, condition No. 25 of Statement of Conditions---Tenancy, devolution of Tenancy not heritage tenancy---Tenancy granted after tenant's death to one of his female heirs-Female heir becomes tenant in her own right-Sex no bar for grant of land. The tenancy in dispute was not a "heritable tenancy" as such, and if after the death of a tenant, it was granted even to one of his female heirs, the said selected heir would become a tenant in her own right. Sex was no bar for grant of land as such. In the face of this legal position it is obvious that when after the death of the tenant the tenancy was granted to widow she became a tenant in her own right and the fact that the land was granted to her as a special case is neither here nor there, because, such like concepts will not detract her from the aforesaid status. On what considerations a tenant is granted land, does not detract from the status of the tenant as such, and the mere fact that the authorities concerned held that the land was allotted to the female heir as a special case, did not stand In her way of being considered as a tenant to all intents and purposes. The authorities fell in error in taking such extraneous aspects into consideration which resulted in a total wrong approach. To be a young girl of marriageable age by itself i$ no disqualification. Fazil v. Sadiq (1947-59) I R R 252; Chaughatta and another v. Shahamad (1960-66) 2 R R 211 and Mst. ZardarBegum v. Sultan Mahmood and others P L D 1971 S C 580 rel. Mst. Zardar Begum v. Sultan Mahmood and 5 others P L D 1971 S C 580 fol. (b) Colonization of Government Lands (Punjab) Act (V of 1912),             S. 10(2) read with Punjab Government Colonies Department Memos. Nos. 4245-C dated 31-10-50 and 868.0 dated 19-2-52 Memos. Nos. 4245-C and 868-C-Can well be construed as "Statement of Conditions" under S. 10(2). The Province of West Pakistan and another v. Din Muhammad and others P L D 1964 S C 21; Pakistan v.…