Law: Punjab Tenancy Act, (XVI of 1887)

Section: 59

Punjab Tenancy Act (XVI of 1887)--- ----S. 59 [as adopted in Azad Jammu and Kashmir through Adaptation of Law Resolution, 1948 dated 22-3-1948; and amended later on in 1952 when Shariat Personal Law was made applicable]---Limitation Act (IX of 1908), Art. 120-Predecessor of parties was tenant having right of occupancy in land in question---Entitlement to inherit after death of such predecessor---Date of death of deceased (predecessor), though a disputed question yet no documentary evidence was produced relating to date of his death---Plaintiff in her evidence claimed that deceased died in 1954' after enforcement of Shariat Laws while defendant claimed that he died in 1948---Material on record amply established that deceased had died in 1948/1949 when S. 59, Punjab Tenancy Act, 1887 was not amended and in terms of its provisions plaintiff being daughter of deceased was excluded from inheritance---Apart from such disability, suit was brought by plaintiff to challenge mutation dated 8-5-1961 after 28 years of its attestation, therefore, it also suffered from laches in terms of Art. 120, Limitation Act, 1908---Trial Court had rightly dismissed plaintiff's suit while finding of Appellate Court was erroneous. in decreeing plaintiff's suit---Judgment and decree of Trial Court was restored while that of Appellate Court was set aside in circumstances. Mst. Hussain Bi and another v. Mst. Nasib Begum and 2 others PLD 1988 SC (AJ&K) 1; Beroo v. Mst. Said Bibi 1990 CLC 164 and Tanzeem Bazyabi-e-Haqooq Malikan-e-Orush   v. - Deputy Commissioner/Collector, Abbottabad and others 1992 CLC 382 ref. Abdul Majeed Mallick for Appellant. Muhammad Naseem Chaudhry for Respondent No, 'ORDER This appeal is directed against the judgment and decree passed by the learned District Judge, Kotli-, on June 28, 1995, whereby an appeal filed against the judgment and decree of the Additional Sub-Judge, Kotli, dismissing the suit, was accepted. The facts forming the background of this appeal are that Mst. Azmat Bibi, plaintiff-respondent filed a suit in the Court of Additional Sub-Judge, Kotli, seeking declaration that the suit land was owned by her father Muhammad Shafi…