Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Colonization of Government Lands (Punjab) Act (V of 1912), Ss.10 & 19-A [as inserted by Colonization of Government Lands (Punjab) Act (III of 1951)]---Constitution of Pakistan (1973), Art. 185(3)---Limited estate held by widow, termination of---Deposit of sale price---Conferring of proprietary rights---Allottee of suit land died in year 1939 leaving behind a widow, a daughter and a brother---Mutation of inheritance was entered in favour of widow as life estate---Widow deposited sale price of the land during her life time in year, 1951, and proprietary rights were conferred upon her---After the death of the widow, mutation of inheritance was attested in year, 1962, in favour of brother excluding daughter---Plaintiff assailed the mutation on the ground that she being daughter was entitled to the share and mutation in the name of her uncle was invalid---Trial Court dismissed the suit but Appellate Court allowed the appeal and the suit was decreed---High Court in exercise of appellate jurisdiction dismissed the second appeal---Plea raised by the defendant was that the provisions of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, were not applicable at the time of death of the widow---Validity---Limited estate held by widow was terminated and succession was required to take place in accordance with Shariat Law by virtue of S.19-A of Colonization of Government Lands (Punjab) Act, 1951, as the same was inserted in the year, 1951---It was under the provision S.19-A of Colonization of Government Lands (Punjab) Act, 1951, that the widow deposited the sale price on 8.4.1951 before her death---Both the Courts below had taken a correct view that with the deposit of sale price, proprietary rights stood conferred---After the death of widow, the succession would be deemed to have opened as if the original allottee had died and succession would take place in accordance with Muslim Personal Law---Original allottee being survived by a widow, a daughter and a brother was a finding of fact and did not require to be disturbed---Plaintiff and the brother of the allottee had become co-sharers of the land in terms of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492