Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)------S. 21 (b)---Succession Act (XXXIX of 1925), S.37---Tenancy of agricultural land---Self-acquired property of original tenant---Entitlement to inheritance of such tenancy, parties being Christians---Plaintiff was proved to be the only daughter of original grantee---Documentary evidence on record clearly established plaintiff to be the daughter of original grantee---No rebuttal by cogent evidence was available---Plaintiff being only surviving child would alone inherit in terms of S.37, Succession Act, 1925---Defendant's claim to succeed on basis of Custom was repelled in absence of proof of custom among Christians of that area---Even otherwise customary succession, so far as Christians were concerned' was altered by Succession Act, 1925 which also abolished customary law in Punjab for Christians---Decree in favour of plaintiff rendered by two Courts below was maintained in circumstances. Mst. Inayat Bibi through Legal Heirs v. Issac Nazir Ullah and 2 others PLD 1992 SC 385 rel. Mst. Began v. Mst. Bai 1983 SCMR 80 and Allah Dad and another v, Mst. Noor Bibi and another PLD 1950 Lah. 356 ref. JUDGMENT Through this Civil Revision, the petitioners have challenged the judgment and decree dated 26-1-1991 passed by Civil Judge 1st Class, Sahiwal whereby the suit of the predecessor-in-interest of the respondents was decreed as also the judgment and decree dated 25-10-1992 through which, petitioner's appeal against the afore-referred judgment was dismissed. 2. Brief facts leading to the filing of the afore-rferred petition are that one Nathu was allotted land by the Provincial Government. He died on 24-2-1946. After his death, the land was mutated in the name of his widow Mst. Mehndi. She died on 2-3-1974 and despite the objections of Mst. Rozy (predecessor-in­intereset of respondents) who claimed to be her daughter from the wedlock with Nathu deceased, the mutation of inheritance (No.391) was sanctioned on 15-4-1974 in favour of petitioners who were real brother's son of the aforementioned Nathu. She filed a suit for declaration that she was the sole heir of her mother Mst. Mehndi in order to succeed to the…

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