Law: Punjab Tenancy Act, (XVI of 1887)

Section: 56,59,114(1)

(a) Punjab Tenancy Act (XVI of 1887)---Ss. 56 & 59 read with Custom (Punjab)-Life estate-Alienation­ Gift-Occupancy tenancy on death of tenant governed by custom in matters of alienation mutated in name of his widow as a limited owner-Gift of such land made by widow, held, invalid both under. Punjab Tenancy Act, 1887 as well as under Custom.-[Gift]. Kaka and qthers v. Ranjit Singh and others 51 P R 1901 ; Ram Mal and others v. Mst. Miran and others 30 P R 1896 and Bhola and others v. Razzaq Shah and others 7 P R 1911 ref. (b) Punjab Tenancy Act (XVI of 1887)- S. 114(1), proviso read with -Custom (Punjab)-Alienation of land by limited owner-Contention that according to proviso to S. 114(1) when widow of last male occupancy tenant obtained proprietary rights, estate in her bands ripened into full ownership, earlier fitters with regard to alienation ended, and she could make a gift of land inherited by her-Held: Widow remained a limited owner as before and embargo under custom placing restrictions on her power of alienation lasts until she dies or succession otherwise opens-Status of heir, held further, may undergo a change after land devolves on any heir under Muslim Personal Law (Shariat) but as long as devolution in such form does not take place mere conversion of occupancy .rights into proprietorship does not take off fetters already attached with land. Rabnawaz V. Jahana P L D 1974 S C 210 and Sher Muhammad v. Pltula 9 P R 1899 ref. (c) Punjab Tenancy Act (XVI of 1887)- S. 114 [as amended by Punjab Tenancy (Amendment) Act (VII . of 1952), S. 5]--Declaratory suit, right to file-Plaintiffs being heirs under Muslim Personal Law (Shariat) to estate released from a limited owner, held, possessed every right to file declaratory suit for getting alienation made by limited owner declared as invalid or a suit for possession of their share in case of succession opening out in their favour. Abdullah and others v. Mst. Bakhto Mal and another P L D 1956 S C (Pak.) 321 ; Said and' others v. Pazal Hussain and others P L D 1959 S C (Pak.) 356 and Bashir Ahmad and others v. Muhammad and others P L D 1956 Lah. 934 ref. JUDGMENT KARAM ELAHEE CHAUHAN, J.-The dispute in this…

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