Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912)-------Ss. 20(b) & 30-A---West Pakistan Muslim Personal (Shariat) Application Act (V of 1962), S.3---Constitution of Pakistan (1973), Art.185(3)---Succession to proprietary rights---Widow inherited tenancy rights in year 1930, but acquired proprietary rights in February, 1963, when conveyance deed was executed in her favour---Widow on 14-5-1964 through mutation gifted such land to plaintiff (non-heir)---Revenue Authorities reviewed gift mutation on application of legal heirs of deceased tenant and widow---Plaintiff claiming to be owner of such land filed suit, which was decreed by Trial Court, but was dismissed by Appellate Court and in revision by High Court---Validity---Widow in year 1930 had succeeded deceased tenant as limited owner---Such limited estate had terminated on 31-12-1962 with enforcement of West Pakistan Muslim Personal (Shariat) Application Act, 1962 re-opening succession of deceased male tenant to be decided in accordance therewith---Execution of conveyance deed in favour of widow in February, 1963 would not constitute her as full owner---Supreme Court dismissed petition and refused leave to appeal. Mst. Began v. Mst. Bai 1983 SCMR 80 fol. (b) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----S. 20(b)---Provision of S.20(b) incorporates principles of Customary law. Mst. Began v. Mst. Bai 1983 SCMR 80 fol. Malik Noor Muhammad Awan, Advocate Supreme Court with Walayat Umar Chaudhry, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 7th March, 2003. JUDGMENT KARAMAT NAZIR BHANDARI, J.--- The suit-land was originally allotted to one Dullah son of Nathu under the "Abadkari Scheme" in the year 1929. He died in 1930 and the land was mutated in favour of his widow Mst. Rehmat Bibi, under section 20(b) of the Punjab Colonization of Government Lands Act, 1912. (hereinafter to be referred as "the Act") Mst. Rehmat Bibi was transferred the proprietary rights on payment of sale price and other dues and a conveyance deed was executed in her favour in February, 1963. Consequent Mutation No.135 was attested in her favour on 29-4-1963 subsequently, vide…

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