Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--- S. 31 A Civil Procedure Code (V of 1908), S.49 Constitution of Pakistan (1973), Art. 185(3) Tenancy of State land Inheritance ¬Execution of decree by successors in interest of deceased decree¬holder Revisional Court remanded matter to Executing Court for framing of issues and disposal of matter after recording evidence of parties High Court set aside such order of Revisional Court Supreme Court granted leave to appeal to consider as to whether revisional order was just and proper to deal with inheritance of predecessor in interest of deceased decree holder. ORDER KHALIL UR REHMAN RAMDAY, J. This petition is directed against a judgment dated 11 11 2002 of the Multan Bench of the Lahore High Court passed in Writ Petition No. 1189 of 2001. 2. One Aroora was a Government tenant of land measuring 300 Kanals situated in Chak No. 190/9 AL Tehsil and District Sahiwal who died in the year, 1933 leaving behind four sons, namely, Gullah, Laboo, Barkat and Fazal. After the death of Aroora it was only Gulla, Barkat and Fazal who got 100 Kanals each of the land held by the said Aroora while Laboo got nothing out of the inheritance of his father. On the death of Fazal the said 100 Kanals of land inherited by him devolved upon his wife, namely, Mst. Karam Bibi and then the said land reached the hands of her daughter Mst. Margrete. The petitioners before us, namely, Irshad Masih etc. are the legal representatives of said 100 Kanals of land at the hands of Laboo, Mst. Margrete filed a suit seeking a declaration that she was the owner in possession of the said 100 Kanals of land inherited by her from her father namely, Fazal, through her mother Mst. Karam Bibi. This suit was dismissed through a judgment dated 20 1 1969 with an observation that she could enjoy the possession and the usufruct of the said land till her death whereafter the same was to be distributed under section 30 A of the Colonization of Government Lands Act, 1912. Mst. Margrete and Laboo filed separate appeals which were dismissed by the learned First Appellate Court through a judgment and decree dated 23 5 1969 which led both of them to the filing of…

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