Law:

Section:

(a) Punjab Tenancy Act (XVI of 1887)---- ----S. 38---Occupany tenant---Abandonment of tenancy---Original occupancy tenant having died, his minor son being incapable to take upon cultivation of land comprised in occupancy tenancy could not be imputed voluntary abandonment--- As for statutory abandonment, its ingredients were not conjointly fulfilled and established on record---Abandonment of occupancy tenancy was, thus, not proved on record by heir of original occupancy tenant i.e. plaintiff. 56 PLR 1901 and 157 PLR 1910 rel. Jumna and 2 others v. Ahmad Ali Khan 156 PR 1884 ref. (b) Punjab Tenancy Act (XVI of 1887)--- ----S. 38---Civil Procedure Code (V of 1908), S. 100---Second appeal---Plaintiff being heir of original occupancy tenant and having not abandoned his rights in such tenancy either by voluntary abandonment or by statutory abandonment, decree would enure for his benefit and he having died during pendency of proceedings same would enure for his legal representatives, who had continued such proceedings after his death---Decree granted in favour of plaintiffs by Courts below was affirmed in second appeal. JUDGMENT Faqira son of Ahmad, Awan by caste, of Mauza Malpur in Tehsil and District Attock was occupancy tenant of the land measuring 21 Kanals, 17 Marlas, comprised in Khasra Nos. 440, 441, 448, 449, 674/442, 675/442, situate in revenue estate of Malpur, Tehsil and District Attock, and, paid 1/2 share of produce as rent to his owners-landlords. Faqira died on 24-7-1944. On his death, he was survived by a widow, three daughters, and, a son namely Bashir Ahmad. Bashir Ahmad was born on 5-2-1940. By inheritance Mutation No. 578, referred to in Column No.9 of the Jamabandi for the year 1942-43, occupancy tenancy held by deceased Faqira was mutated in the name of his minor surviving son in Revenue Records. Jamabandi prepared for the year 1946-47 maintained name of Bashir Ahmad as occupancy-tenant of above land upon payment of 1/2 share Batai rent. Upon the death of Faqira, Muhammad Din and Akbar Khan were stated to have entered upon the land comprised in occupancy tenancy for its cultivation and payment of rent. Bashir Ahmad attained majority on 5-2-1958.…

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