Law:

Section:

(a) Ala-maliks.--Whether exclusive proprietors of Shamilat-Village Duggar Await in Bhakkar Tahsil of Mianwali District. The shamilat land of village Duggar Awan in Bhakkar Tahsil of Miami District does not exclusively belong to the ala maliks and therefore, their claim for possession on the ground of exclusive ownership is not tenable. (b) Adna maliks-Merely breaking up of shamilat land for barani cultivation without sinking walls-Whether acquire adna malkiyat in shamilat-Liability to ejectment- Village Duggar Awan in Bhakkar Tahsil of Mianwali District. According to the conditions of the wajib-ul-arz mere breaking­up of the land for purposes of barani cultivation, apart from the restriction imposed by the Sindh Saar Doab Colonization Act, conferred no right on the cultivator to acquire adna malkiyat. The position, therefore, is that no matter what they, did to the land in question, the, adna maliks could neither acquire adna malkiyat nor any occupancy tenancy in the portions broken up by them. They did not even become tenants at-will, This class of cultivator was in possession without any right and was thus liable to ejectment from the-shamilat land. (c) Ala maliks-Adna maliks-Elaborate discussion of tenures-Village Duggar Awan in Bhakkar Tahsil of Mianwali District. ORDER MUHAMMAD MUNIR, C. J.-These are thirty-eight appeals under clause 10 of the Latters Patent from the judgment of Mr Justice Mehr Chand Mahajan by 'which he modified the appellate decree of the District judge confirming the Subordinate judge's decree for possession in as many suits. Fifty-seven suits were instituted in the Court of the 1st Additional Subordinate ,Judge, Bhakkar, for possession of land. The suits related to the shamilat (common land) of Maze a Duggar Awan, a village in Tahsil Bhakkar, District Mianwali. The plaintiffs were some of the ala maliks of the village while the contesting defendants were adna maliks. The ala malilas who did not join as plaintiffs were impleaded as defend­ants and they supported the plaintiffs' claim which was resisted only by the adna maliks. The plaintiffs' allegations were that they were the ala maliks of the village and as such owners of the…

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