| Citation(s) |
|---|
| 1964 SLG 14 1964 SLD 14 1964 PLD 842 |
Supreme Court of Pakistan
Civil Appeal No. 54 of 1962, decision dated: 22nd June 1964
A. R. CORNELIUS, C, J., S. A. RAHMAN, FAELE-AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Sh. Bashir Ahmad and Sh. Abdul Rashid Senior Advocates Supreme Court (No Advocate Supreme Court with them) instructed by Ejaz Ahmad Khan Attorney for Appellant. S. M. Zafar and Raja Muhammad Akram Advocates Supreme Court, Shamim Zaffar Attorney (absent) f
Civil Appeal No. 54 of 1962, decision dated: 22nd June 1964
A. R. CORNELIUS, C, J., S. A. RAHMAN, FAELE-AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Sh. Bashir Ahmad and Sh. Abdul Rashid Senior Advocates Supreme Court (No Advocate Supreme Court with them) instructed by Ejaz Ahmad Khan Attorney for Appellant. S. M. Zafar and Raja Muhammad Akram Advocates Supreme Court, Shamim Zaffar Attorney (absent) f
ILAM DINAppe4lant
VS
MUHAMMAD DIN
Law: Colonization of Government Lands (Punjab) Act, 1912
Section: 30,30A
Law: Constitution of Pakistan, 1962
Section: 58(3)
(a) Constitution of Pakistan (1962), Art. 58(3)-Leave to appeal to Supreme Court-Granted on Review of earlier order dismissing similar petition. (b) Colonization of Government Lands (Punjab) Act (V of 1912), S. 30-A-Widow of last male tenant acquiring proprietary rights in tenancy land, according to Government Scheme (1940)-Date of payment of price, effective date for passing of such rights-Price paid in 1943 before enactment of S. 30-A (in 1944), but sale-deed executed and registered in 1947-Widow takes land as absolute proprietor-Succession to widow controlled by personal law and not by custom as enacted in S. 30-A (per Cornelius, C. J., S. A. Rahman, Fazle-Akbar, and Hamoodur Rahman, JJ. agreeing; Kaikaus, J. contra)-Government of India Act, 1935, S. 175-Government of India Act, 1919, S. 30-Words and phrases-"Reversioners" and "legal heirs"-Distinctive expressions. In 1905, two squares of canal land with an appurtenant residential compound were granted to one W on horse-breeding terms. Among the special conditions relating to such grants two were: firstly, that the grantees were not entitled to acquire proprietary rights in the land, and secondly, that the succession to the tenancy was to be by primogeniture. However, in the year 1940, the Government abrogated these special conditions and permission was given to such grantees to acquire proprietary rights on making certain specified payments. As regards succession to the grants, it was provided that for the future this would be regulated as in the case of ordinary grants under sections 20 to 23 of the Colonization of Government Lands (Punjab) Act, 1912. W having died before 1930, his widow Z succeeded him in 1943 the widow moved to acquire the proprietorship of land comprised in the tenancy. She deposited the required amount of money on the 4th October 1943, the very day on which an order was made permitting her to acquire the proprietary rights. There was, however, delay in the execution of the sale-deed, and this was only done on the 2nd January 1947, after which the sale-deed was duly registered on the 24th January 1947. In the same year, the widow died. Section 30-A, Colonization of Government Lands…
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