Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)------Ss. 19-A & 20---West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), S.2-A---Succession to tenancy of Muslim tenant---Principles---Where deceased tenant had not made full payment and had not become absolute owner, then tenancy would be inherited by his male lineal descendant---Promulgation of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 being a general law on the subject would not have effect of derogating from terms of Colonization of Government Lands (Punjab) Act, 1912 under which grant was made and which was a special law---Where Muslim tenant died after coming into force of Colonization of Government Land (Punjab) Act, 1912, then nothing in S.20 thereof would apply---If Muslim tenant had died prior to year 1951, then his daughters could neither claim benefit of S.19-A of Colonization of Government Lands (Punjab) Act, 1912 nor could be benefited from retrospectivity of S.2-A of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962. Abdul Ghafoor's case PLD 1985 SC 407 ref. Mst. Bibi's case PLD 1989 SC 384 and Umar Din's case PLD 1995 SC 686 rel. Mst. Naziran Bibi's case 2004 SCMR 94 distinguished. Muhammad Amin K. Jan Advocate Supreme Court with M.A. Zaidi, Advocate-on-Record for Petitioners. Ch. Mushtaq A. Khan, Senior Advocate Supreme Court with M.S. Khattak, Advocate-on-Record for Respondents Nos.1 to 10. Date of hearing: 13th January, 2005. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--- Ghulam Bano alias Gulab Bano, Mst. Begum, Mst. Sat Bharai, Mst. Bhaag Bhari, Mst. Bakht Bano and the legal heirs of deceased Mst. Malkan, the daughters of Ghulam Muhammad of Mauza Rakwal Tehsil Talagang, District Chakwal, through this petition seek leave to appeal against the judgment dated 19-7-2004 whereby, on acceptance of the civil revision filed by the respondents, the predecessor of the respondents namely Haq Nawaz son of Ghulam Muhammad was declared to be the sole owner of the disputed land. 2. Admittedly, the property in dispute measuring 25 acres and 8 Marlas within the limits of Tehsil Lodhran was allotted to Ghulam Muhammad, the predecessor of the…

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