Law:

Section:

Colonization of Government Land (Punjab) Act (V of 1912)-------Ss. 19-A [as added by Colonization of Government Land (Punjab) Amendment) Act (III of 1951)] & 20---Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948), S.2-A---Succession to tenancy rights---Propositus died on 5-4-1940 leaving behind a married daughter and sons---Sanctioning of inheritance mutation in favour of sons to the exclusion of married daughter---Daughter claimed to have inherited her Sharai share in possessory rights held by propositus in suit-land---Validity---Section 19-A of Colonization of Government Lands (Punjab) Act, 1912 and Punjab Muslin Personal Law (Shariat) Application Act, 1948 came into force much later than the death of propositus,. which could not apply to past and closed transactions by giving retrospective effect---Section 20 of Colonization ,of Government Lands (Punjab) Act, 1912 was in force at the time of death of propositus, thus, succession of his tenancy would open as per terms mentioned therein---Petitioner being married at the time of death of propositus was not entitled to succeed him as per terms of S.20 of the said Act---Rule of customs acknowledged by S.20 of Colonization of Government Lands (Punjab) Act, 1912 was saved by Punjab Muslim Personal Law (Shariat) Application Act, 1948---Tenancy rights of propositus, according to S.20 of the Colonization of Government Lands (Punjab) Act, 1912, would devolve on his sons/male lineal descendants---Daughters' claim was rejected in circumstances. Ghulam Dastgir and 6 others v. Hidayat and 2 others 1981 CLC 3 rel. Jiwana v. Mst. Sahbi PLD 1954 Lah. 253 distinguished. Muhammad Nazir Janjua for Petitioner. Ms. Samina Bano for Respondents. Date of hearing: 2nd April, 2007. JUDGMENT MUHAMMAD MUZAMMAL KHAN, J.---Instant civil. revision assailed judgments/decrees dated 13-4-1995 and 21-3-1996 passed by the learned Civil Judge and learned Additional District Judge, Nankana Sahib, whereby petitioner's suit for declaration and her appeal were dismissed, respectively. 2. Succinctly, relevant facts are that Allah Ditto deceased predecessor-in-interest of the parties, was Abadkar in possession of suit property and…

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