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

Section: 30,30A

Colonization of Government Lands (Punjab) Act (V of 1912), Ss. 30, 30-A--Widow purchasing proprietary rights from Government before commencement of Colonization of Government Lands (Punjab) (Amendment) Act, 1944-Becomes absolute owner Deed of sale not necessary-Date of deposit and accep­tance by Government of purchase money is the date of acquiring proprietary rights. In a suit for a declaration that a certain gift of land made by a widow, who had acquired the land by purchase of proprietary rights under the provisions of the Colonization of Government Lands (Punjab) Act (V of 1912), was null and void under custom, the question was whether the widow had acquired proprietary rights in land before or after the commencement of Colonization of Government Lands (Punjab) (Amendment) Act, 1944. If she had acquired such rights before the commencement of that Act, she became absolute owner of the land and the suit was incompetent. If she acquired such rights after the commencement of that Act, her interest in land was governed by section 30-A of the Colonization of Government Lands (Punjab) Act (V of 1912). Held that in the circumstances of this case, the widow became full owner of the tenancy lands in her possession on the date when she deposited, and the Government accepted, the sale price. According to conditions, by which the tenure of a Government tenant was governed, a sale deed was not required to complete the purchase. Section 30 does not say that a tenant cannot purchase proprietary rights in his tenancy lands without obtaining a sale deed from the Government. As the widow had deposited the purchase money and Government had accepted the same before the commencement of the Colonization of Government Lands (Punjab) (Amendment) Act, 1944, section 30-A of Act V of 1912 was not applicable and the suit seeking declaration under custom was incompetent. Mst. Malap Kaur v. Hakim Singh and others 8 P R 1915, Jagat Singh v. Mst. Raj Devi A I R 1938 Lah. 554, Kishan Singh etc., v. Labh Singh etc., Civil Appeal No. 891 of 1933 ref. JUDGMENT AKHLAQUE HUSSAIN, J-These -are two consolidated appeals against two decrees of the learned Senior Civil Judge, Montgomery, dated the…

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