Law: Punjab Tenancy Act, (XVI of 1887)

Section: 6,58

Punjab Tenancy Act (XVI of 1887)--- ----Ss. 6 & 58---Occupancy tenancy---Sub-lease by occupancy tenant for a term «f 99 years---Validity---Occupancy tenant was incompetent to create a sub­ lease of his occupancy tenancy for a term beyond seven years---Lease decd executed by occupancy tenant for a period of 99 years was in contravention of S. 58(1), Punjab Tenancy Act, 1887 and thus, void---Void transaction could not become valid on account of lack of objection to it, but would remain void. Labh Singh v. Hassu and others AIR 1940 Lah. 364; 39 PR 1898 and Jamadar Sultan v. Khushia and another AIR 1937 Lah. 664 ref. JUDGMENT The facts giving rise to this civil revision petition briefly stated are as follows:- Khadim Hussain was occupancy tenant under Section 6 of Punjab tenancy Act, 1887, in the land measuring 54 Kanals, 1 Maria, situate in revenue estate Ghakhar of tehsil Wazirabad, district Gujranwala. By deed registered on 14-1-1943, he gave his occupancy tenancy on lease to Syed Sakhawat Hussain Shah for a term of 99 years, with effect from crop Kharif year 1943 till crop-Rabi year 2043, for a total premium of Rs.5,200. Out of the agreed premium, Rs.5,100 were received at the time of registration of the lease-deed, and Rs.100 were adjusted towards the expenses on lease-deed. Annual rent of leased occupancy rights was Rs.52.60 and the total lease-money for 99 years came to Rs.5,200. Initially, possession of the leasehold rights was not delivered to the lessee on the spot. The lessee brought a civil suit to recover possession of occupancy-tenancy from the lessor. Suit was decreed in his favour on 28-2-1949, by a Civil Judge of Wazirabad. In execution of the decree passed by the Civil Court, possession was taken by the lessee. Decree of the Civil Court in the suit for possession was not further challenged and it attained finality under the law. In or about the year 1960, Asghar Ali alias Zulfiqar Ali son of the lessor brought a civil suit for annulment of lease-decd under Custom, on account of want of legal necessity and consideration for it. On 30-9-1961 Mr.Khalid Paul, learned Civil Judge (now an Hon'ble Judge of this Court) decreed the suit in favour of…

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