Law:

Section:

(a) Punjab Land Dispositions (Saving of Shamilat) Act 1951 (IV of 1952)---------S. 3-Gift and sale of land in 1893 and 1896-Mutations not showing whether dispositions affected share of shamilat-Revenue Record corrected, after death o~ donor-vendor, in 1913-14 on admission of latter's widow that shamilat was included in transfers-Held, on second appeal in suit by reversioners that there was no transfer of shamilat rights in favour of the donee-vendee. Where mutations of certain dispositions of land made in 1893-96 did not state that the dispositions included the share of the shamilat, and the mutations were got corrected after the death of the donor-vendor on the admission of his widow 1913-14 that the share of shamilat land was included in the original transactions Held on second appeal in suit by reversioners that by virtue of section 3 of Punjab Land Dispositions (Saving of Shamilat) Act 1951 (IV of 1952) there was no transfer of shamilat rights in favour of the donor-vendor. The subsequent admission of the widow in 1914 on the point, could -not avail the donee-vendees. The widow could not, a s a limited owner pass better rights than what the law declares had passed under the previous transactions. (b) Limitation Act (IX of 1908)----- ---Sch. 1, Art. 120­--Shamilat land- Unpartitoned-Suit by co-sharer against one recorded in Revenue Records as co-sharer by virtue of gift and sale-Terminus a quo for suit-When actual attempt is made by defendant to oust plaintiff. The plaintiffs as co-sharers of the shamilat, which was still unpartitioned must be deemed to be in joint possession of it with the remaining members of the proprietary body. A mere entry in favour of the defendants in the revenue records to the effect that they were ca-shares in the shamilat by virtue of certain gift and sale made in favour of their pre­decessor-in-interest could not affect the plaintiffs' rights in the shamilat till an attempt was actually made to oust them from the disputed property. If the plaintiff is in possession or enjoyment of the pro­perty in suit, he is not obliged to sue for a declaration of title on the first or each succeeding denial of title by the defendant. He may…

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