| Citation(s) |
|---|
| 1949 SLG 58 1949 SLD 58 1949 PLD 158 |
Lahore High Court
Second Appeal No. 179 of 1948, decided on 1st June 1949, from the decree of the Court of the District Judge, Shahpur at Sargodha, dated 8th July 1948, affirming that of Senior Sub-Judge, Shahpur at Sargodha, dated 23rd March 1948
CORNELIUS, J
Shuja-ud-din and Zahur-ud-din for Appellant. B. Z. Kaikaus for
Respondents
Second Appeal No. 179 of 1948, decided on 1st June 1949, from the decree of the Court of the District Judge, Shahpur at Sargodha, dated 8th July 1948, affirming that of Senior Sub-Judge, Shahpur at Sargodha, dated 23rd March 1948
CORNELIUS, J
Shuja-ud-din and Zahur-ud-din for Appellant. B. Z. Kaikaus for
Respondents
ALLAH DITTA
VS
JHANDA and others
Law: Government Tenants (Punjab) Act, (1893)
Section: 8
Law: Colonization of Government Lands (Punjab) Act, 1912
Section: 19
(a) Government Tenants (Punjab) Act (1893), section 8-Does not bar the transfer of mere possession by way of license or even lease. Section 8 of the Government Tenants (Punjab) Act, 1893, provided that the rights or interests vested in a tenant by or under the Act should not "without the previous consent in writing of the Financial Commissioner, be transferred or charged by any sale, gift, mortgage or other private contract". This section does not bar the transfer of mere possession by way of license or even lease, and it would seem that, unless the stipulation in the statement of conditions be regarded as having statutory effect, which appears difficult, a tenant under the relevant- conditions who gave possession of his land to another did not incur any penalty, nor was the transaction subject to sanction of any kind. (b) Colonization of Government Lands (Punjab) Act (1912), section 19Prohibited modes of transfer of interest vested in tenant do not include more "charge" Each of the modes of transfer specifically mentioned in section 19, is one which involves transfer of an in land. Applying the rule of ejusdem generis there seems to be no escape from the conclusion that any transaction which is sought to be brought within the expression "other private contract" and consequently within the scope of section 19, must share this quality with the specified modes of transfer, namely, that it should involve a transfer of an interest in land. The creation of a charge on land does not satisfy this condition. A mere charge in the legal sense does not satisfy the necessary condition for falling within the prohibition. (c) Colonization of Government Lands (Punjab) Act (1912), section 19Agreement between parties prior to acquisition of land in the name of one of them that they would be joint owners of the rights acquired and joint owners also of the mare they intended to buy-Agreement not hit by section 19. Where there was an agreement between parties prior to acquisition, of squares of land (which was entered in revenue papers in the name of one of them, from Government on horse-breeding conditions), that they should be joint owners of the rights acquired as also of…
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