| Citation(s) |
|---|
| 1958 SLG 135 1958 SLD 135 1958 PLD 340 |
Lahore High Court
Regular First Appeal No. 79 of 1953, decided on 18th February 1958 from the decree of the Court of Chaudhry Muhammad Ali, Senior Civil Judge, Montgomery, dated the 26th March 1953
AKHLAQUE HUSSAIN AND MUHAMMAD YAQUB ALI, JJ
Ata-ur-Rahman for Appellant. Muhammad Amin Khan for
Respondents
Regular First Appeal No. 79 of 1953, decided on 18th February 1958 from the decree of the Court of Chaudhry Muhammad Ali, Senior Civil Judge, Montgomery, dated the 26th March 1953
AKHLAQUE HUSSAIN AND MUHAMMAD YAQUB ALI, JJ
Ata-ur-Rahman for Appellant. Muhammad Amin Khan for
Respondents
MASOOD ALI
VS
ALI HAIBAT KHAN and two others
Law:
Section:
(a) Limitation Act (IX of 1908), S. 5--Valuation for purpose of jurisdiction appearing at unusual place in decree sheet-Counsel filing appeal in Court of District Judge instead of High Court being mislead by wrong contents as to valuation contained in unattested copy of plaint supplied by appellant-Mistake of counsel bona fide--Appeal filed in High Court on day it was returned by District Judge-Delay in filing appeal in High Court condoned. (b) Colonization of Government Lands (Punjab) Act (V of 1912), S. 21 (b)-Tenancy right in hands of male tenant who is not original tenant must be regarded as ancestral land qua collaterals of tenant, if tenant is governed by custom in matters of succession. Karam Din v. Sharaf Din 89 P R 1898 ref. (c) Punjab Tenancy Act (XVI of 1887), S. 60-Transfer of occupancy rights in contravention of Ss. 53 & 56 is voidable at instance of landlord-Section 60 does not confer any power of alienation upon tenant. (d) Colonization of Government Lands (Punjab) Act (V of 1912), S. 19-Tenant cannot transfer land without consent of Commissioner-Transfer without sanction is void. Nihala v. Ishar Singh and another 68 P R 1894, Didaru and others v. Bana and others 31 P R 1896, Karam Din v. Sharaf Din 89 P R 1898, Labh Singh v. Hassu and others I L R 22 Lah. 212, Miran Bakhsh v. Mian Khan and others A I R 1945 Lah. 249, Puran Chand v. Mahesha and others 69 P R 1900, Nikka v. Mst. Gurdai and others 52 P L R 1911 and Baggu and others v. Mst. Dan! and others 1922 Lah. 278 ref. (e) Colonization of Government Lands (Punjab) Act (V of 1912), Ss. 36 & 19-Civil Court has no jurisdiction to quest consent of Collector. (f) Colonization of Government Lands (Punjab) Act (V of 1912), S. 36-Civil Court can decide whether land is ancestral or not. 'C " (g) Civil Procedure Code (V of 1908), O. VI, r. 17-Appellate Court framing additional issue and remanding case-Parties may amend pleadings and adduce evidence. JUDGMENT AKHLAQUE HUSSAIN, J.---These two appeals arise out of two suits filed by the appellant Masud Ali Khan in the Court of the Senior Civil Judge, Montgomery. The suit which has given rise to R. F. A. No. 79 of 1953 was instituted against…
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