Law:

Section:

Horse-breeding grant-Succession-Suitability overriding con sideration-Exclusion from inheritance, of grandson whose father had predeceased his grandfather.--Not. a relevant consideration.  ORDER   This is a dispute about a horse-breeding grant, which has determined on the death of one Fauje Khan. The petitioner is a son of the deceased while respondent a grandson whose predeceased Fauje Khan.   The District Remount Officer recommended the allotment of the tenancy in favour of the eldest son, petitioner Nur Muhammad. The Collector, influenced by the consideration that while Nur Muhammad had a tenancy and was also going to inherit the Lambardari square of Fauje Khan, the respondent would not inherit anything from Fauje Khan's property-. He, therefore, thought that respondent Fazal Karim deserved sympathetic consideration and referred the case back to the District Remount Officer under his order dated the 14th September 1957. The District Remount Officer in his fresh report elated the 5th October 1957 pointed out that if the condition regarding possession of a tenancy or proprietary land in the Chak were waived, he saw no reason why Fazal Karim "should not make a suitable horse breeder particularly under the circumstances explained" by the Collector. The "circumstances" referred to by the District Remount Officer in this report currently meant the fears of the Collector that Fazal Karim could not under the Shariat law inherit anything from his grandfather's property. As a matter of fact the fears of the Collector were unfounded and it now transpires-with documentary evidence in support-that he has already secured a sizable tenancy by two mutations on the basis of gifts. But even if he had no land as was supposed by the Collector his sympathy was misplaced in a case that had to be decided primarily on the ground of suitability or otherwise of a candidate.   One of the conditions necessary for this grant is that a grantee must own land, tenancy or proprietary, in the Chak. Another suggested by an executive order of the Provincial Government is…