Law: Crown Grants Act (XV of 1895)

Section:

(a) Crown Grants Act (XV of 1895)-----   ----Governs all cases of grants, existing at time of its enactment.   (b) Alienation----   ---Alienator cannot grant greater rights than what he himself' possesses-Crown grant in favour of grantee "to hold the said lands . . . . . for life in full proprietary rights" Full proprietary rights being co-extensive with life-time of holder for time being, any disposition made by him of those rights could not take effect beyond life-time of such holder so as to prejudi cially affect interests of successor of such grantee   (c) Evidence Act (I of 1872)-----   ----Ss. 115 & 31-Estoppel on point of law-Admission of party cannot validate transaction otherwise invalid-Erroneous admission does not bind party making such admission.   Mangru Rai v. Shivanand Lal and another A I R 1923 All. 575 ref.   (d) Limitation Act (IX of 1908)-----   -----Art. 144 and S. 28-Adverse possession-Period of 12 years does not start running in favour of trespasser against true owner until true owner vested with right to immediate possession.   Bejoy Chunder Banerjee v. Kalley Prosonno Mookerjee I L R 4 Cal. 327 and Kherdomoney v. Doorgamoney I L R 4 Cal. 455 ref.   (e) Evidence Act (I of 1872)------   ----S. 115-Family arrangement-- Settlement not acted upon-Not binding on party agreeing to such arrangement.   (f) West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)-----   ----S. 2-Not applicable to succession governed by Crown Grants Act, 1895-Crown Grants Act (XV of 1895), S.3.   (g) West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)-----   -----S. 2-Strikes down custom or usage-Succes sion covered by statutory enactments not mentioned-Crown Grants Act (XV of 1895), S. 3.  JUDGMENT   This case was pending in the Court of the Senior Civil Judge, Lahore, wherefrom it was transferred by the orders of the Chief Justice dated the 7th of May 1962, for trial by this Court on the original side. The plaintiffs, Shahzadi Sharaf Sultan and Shahzadi Asifia Sultan, are sisters and the defendant, Brigadier Shahzada Sher…