Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 20,21(b)

(a) Colonization of Government Lands (Punjab) Act (V of 1912) as amended by Punjab Act (III of 1920), Ss. 20 and 21 (b)­Original tenant dead-Succeeded by minor son-Latter dying and succeeded by unmarried daughter of original tenant ­Succession, held, fell under S. 21 (b) and not under S. 20. When an "original tenant", as defined in section 3 of the Act, dies, the succession devolves on the person most entitled 'to it under section 20, but when the succession opens on the termination of the interest of the person, who came into possession under section 20, it is governed by clause (b) of section 21 of the Act. The fact-that the property was to be treated as the property of the original tenant is a sufficient indication of the intention of the Legislature that the succession was to be treated as a succession to the original tenant. The law does make a distinction between the rights of females according to the stage of the tenancy at which they come into possession of it. I. L. R. (1939) 20 Lah. 385 F. B. at p. 397; A. I. R. 1929 Lah. 100 ref: (b) Colonization of Government Lands (Punjab) Act (V of 1912) (as amended by Punjab Act (111 of 1920) S. 21 (b)­Daughter of original tenant succeeding under S. 21 (b)­Marrying Whether to be deprived of interest in tenancy on marriage. Had the intention of the Legislature been that a female was to retain possession of the tenancy governed by the Colonization of Government Lands (Punjab) Act, 1912, only as long as she remained unmarried, one would have expected the Legislature to make that intention clear, and clauses (d) and (e) of section 20 under which even married females become entitled to the tenancy under certain circumstances would not have existed in the Act. A. I. R. 1930 Lah. 107. ORDER SHABIR, AHMAD, J.-In 1927-28 the land in suit was granted as a tenant under the Colonization of Government Lands (Punjab) Act, 1912, to Nur Dad, who died in 1930, leaving behind him a minor son, named Mehdi Khan, two daughters Mst. Nur Bibi and Mst. Sardar Bibi, and three brothers, Ahmad, Muhammad and Allah Dad. On the death of Nur Dad, the land was mutated on the 3rd of December 1930 in the name of his son Mehdi Khan. Mehdi Khan…

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