Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--S.30-A(2)---Original owner had not yet paid the proprietary dues when his death took place---Widow having paid the proprietary dues and obtained proprietary rights was to be treated as full owner of the property. In the present case the original owner (husband) had not yet paid the proprietary dues when his death took place and his widow paid the said dues. Widow's case thus was not of an estate's devolution to a female from a male last holder under sub-para. (a) of subsection (1) of section 30-A of the Colonization of Government Lands Act, nor her position was covered by sub-clause (b) thereof. Her case was covered by subsection (2) of section 30-A which provided that nothing contained in the said section shall be construed to alter the law of Succession applicable to any female tenant, in respect of proprietary rights in land acquired by her, if the tenancy in such land was acquired by or accrued to her in circumstances other than those specified in subsection (1). Obviously because her case was not covered by subsection (1), she under subsection (2) on obtaining proprietary rights shall have to be treated as full owner of the property in dispute. Nothing can dilute the fullness of her ownership rights in the property. Ilam Din v. Muhammad Din PLD 1964 SCMR 80 ref. JUDGMENT MUHAMMAD AFZAL ZULLAH, CJ.---This appeal through leave of the Court is directed against the decision by the High Court in a case of inheritance coming under the Colonization of Government Lands Act, 1912. The leave grant order is as follows: "Leave to appeal has been sought by the defendants' side; against the acceptance by the High Court, of respondents' Civil Revision in a land inheritance case. Earlier the respondents/plaintiffs' suit was dismissed and their appeal had failed. "Learned counsel while giving the facts has stated that Ratta the original owner of the land was granted the same under the Colonization of Government Lands Act. He had not yet obtained the proprietary rights when he died. The inheritance was mutated in favour of the two sons of Ratta, the propositus, who were alive; as his third son had predeceased him.…

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