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

Section:

Colonization     of     Government    Lands     (Punjab)    Act     (V     of     1912),     S. 19-A-Horse-breeding tenancy - Not heritable - Not within purview of S. 19-A.   ORDER   This is a revision petition under section 7 of the Colonization of Government Lands (Punjab) Act and is against order of the Additional Commissioner (Revenue), Multan Division, dated 13-9-1961, whereby order of the Collector, Montgomery, dated 14-2-1961/ 20-1-1961, granting HB-Sq. No. 66 in Chak No. 85/5-L, in favour of the respondent, was confirmed.   The square in question was granted to the Khan on Horse Breeding conditions. On his death the District Remount Officer interviewed all the four sons of the deceased and recommended the respondent. The Collector on recommendations of the District Remount Officer/Colony Assistant allotted the square to respondent Shahamad, the eldest son of the deceased, who was maintaining the mare, which was found in a satisfactory condition. The Collector found no reason to change his previous orders and rejected the review application which had been put in before him; whereupon Chaughatta and Shera step-brothers of Shahamad, went in revision before the Additional Commis sioner, who confirmed the Collector's order. Hence, this second revision.   The petitioners' main plea is that under section 19-A of the Colonization of Government Lands (Punjab) Act, the tenancy should devolve on heirs in accordance with the Muslim Personal Law and that on the death of their father, the tenancy should have devolved upon them accordingly to their Shariat shares. The aforesaid section 19-k runs as follows:-   "When after the coming into force of the Colonization of Government Lands (Punjab)…