Law:

Section:

(a) Punjab Tenancy Act (IV of 1882  S. 59-Occupancy rights-Entries in record-of-rights excluding possibility of inheritance of a person as maurusi right from his father-Held, no presumption arises in circumstances regarding such father having been an occupancy tenant.-[Presumption]. Jawand Singh and another A I R 1939 Lab. 171 ref. (b) Punjab Tenancy Act (IV of 1882) S. 59-Custom-Ct:stomarv law if-.Succession-Ordinary custo mary law, hold, not applicable in matter of tenancy-- Successive on to be governed by S. 59---Collaterals, whose common ancestor held land as occupancy tenant, held, can inherit as an issueless tenant.- [Succession]. (c) Punjab Tenancy Act (IV of 1882)  S. 77 (3) Jurisdiction-- No dispute about existence of occupancy tenancy rights-Such disputes, held, triable by Revenue Court Question whether tenancy extinguished clue to extinction of heirs of occupancy tenant, helot further; triable by civil Court.-[Juris diction]. Umardin and others v. Faclir Mohd. and others P L D 1973 Lah. 31 ; Wall .41uhammad etc, v. Muhammad Sharif P L D 1976 Lah. 346, and 40 P I Ili ref. Date of hearing: 20th May, 1978.                                                                                                                                       JUDGMENT The facts of th.4 case giving rise to this regular-Second appeal are that Samanda. who was occupancy tenant over the land in dispute measuring 35 kanals, 5 marlas. situated in village Babarawala Tehsil and District Sialkot died 35 years before the suit was brought by his collaterals. In heritance mutation of Samanda was attested whereby the whole of the land was mutated in the name of Mst. Karim Bibi, his widow as limited owner, under section 59 of the Tenancy Act. Mst. Karim Bibi died on 19th November, 1948. On her death, the mutation was sanctioned in favour of two…