Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 19-A---Ouestions relating to succession---Rule of decision---Succession to tenancy of a Muslim tenant would devolve on his heirs in accordance with Muslim Personal Law, whereby in all questions regarding succession, rule of decision would be Muslim Personal Law where parties were Muslims ---Bye­laws of a society or a practice or custom or usage could not override express provisions of law. PLD 1974 SC 185; 1989 CLC 110 and PLD 1974 SC 185 rel. (b) Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)--- ----S.2---Tenancy rights of a deceased Muslim---Succession would be determined in accordance with Muslim Personal Law---Nominee of tenant could not inherit such rights to the exclusion of heirs of deceased---Collector's order whereby he conferred tenancy rights on nominee of deceased Muslim tenant and did not determine devolution of tenancy rights in accordance with Muslim Personal Law was set aside---Collector's order being void, there was no limitation against a void order---Succession to tenancy rights of deceased Muslim tenant was decided in accordance with Muslim Personal Law. ORDER Brief facts of the case are that one Muhammad Ismail an allottee under Cooperative Farming Scheme expired. His allotment was transferred in the name of respondent Sher Muhamamd as his nominee in terms of the bye­laws of Cooperative Farming Scheme. Mutation No.175 was accordingly sanctioned on 14-4-1982. Muhammad Sharif, etc. petitioners unsuccessfully challenged the validity of said mutation being hit by Shariat before the Collector and Additional Commissioner. However, their revision petition was accepted by the Member (Revenue) on 8-5-1985 and it was ordered that the petitioners should be given equal share alongwith Sher Muhammad respondent in the inheritance of Muhammad Ismail deceased. That order was challenged by Sher Muhammad in Lahore High Court, Multan Bench, wherefrom the case was sent back for fresh decision. 2. It is relevant to reproduce below the operative part of the judgment of the Lahore High Court, Multan Bench:- "The result is that the revision petition on which the said order…

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