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

Section: 19,17,20(e)

(a) Colonization of Government Lands (Punjab) Act (V of 1912),   Ss. 19 & 17---Partition between joint tenants---Amounts to a change---Power of Collector to give sanction.   (b) Colonization of Government Lands (Punjab) Act (V of 1912),   S. 20 (e)---Death of original tenant-Deceased leaving no nomination-Succession.     ORDER   This order will be read in continuation of the reference dated 19-7-55, received from the Commissioner, Rawalpindi Division. The recommendation of the Commissioner is accepted for the following reasons:-   The grant was initially given to Sardar Khan. He got hisyounger brother Said Ahmad Khan included with him as a co-tenant to the extent of half-share. This happened in 1916. The Collector of the time permitted this transaction. It is not known whether the Collector was duly empowered to authorise such a transaction under section 19 of the Colonization Act. Bu A even if he was not so authorised, the transaction which took place between the two brothers in 1923 would split the tenancy into two tenancies quite validly under the Colonization Act.   In 1923, the two brothers partitioned the tenancy. Sardar Ahmad Khan's counsel argues that this partition mounted to https://www.pakistanlawsite.com/Login/PrintCaseLaw?caseName=1959BR-WP14                1/3 P L D 1959 W transfer and could not be effected until sanction was given under section 19 of the Colonization Act. The Board of Revenue has in a Division Bench case held lately that a partition between the join tenants amounts to a change which the Collector has to permit under section 17 of the Act. The two joint tenants of a single tenancy must really be…