Law:

Section:

(a) Colonization of Government Lands (Punjab) Act (V of 1912), S. 20-Inheritance to occupancy rights-Declaratory suit that plaintiff was owner or occupancy tenant entitled to be in sole possession to exclusion of daughter of deceased occupancy tenant-Article 120, Limitation Act, 1908 applicable to such suit-Terminus a quo : "when the right to sue accrues"-Mutation in name of daughter of deceased tenant sanctioned in 1944 and daughter continuing to hold property on her own and receiving her share of produce while declaratory suit by her uncle instituted in 1957-Suit, held, barred by time-Limitation Act (IX of 1908), Art. 120. (b) Supreme Court Rules, 1956, O. XIII, r. 1-Limitation for filing petition for Special Leave to Appeal-Time spent in proceed­ings for obtaining certificate for appeal to Letters Patent Bench could be condoned and allowed as sufficient cause but then each day's delay to be explained. Ch. Muhammad Anwar Buttar, Advocate Supreme Court instructed by Ch. Muhammad Aslam Chatha, Advocate-on-Record for Appellants. Sh. Masud Akhtar, Advocate-on-Record for Respondents. Date of hearing : 11th June 1971. JUDGMENT SAJJAD AHMAD, J.-The dispute in this appeal, by special leave, relates to half share in a land measuring 59 ½ kanals, situated in Khacharpur Chak No. 41/N. B., Tehsil Sargodha, the whole of which was originally held in occupancy rights by the predecessor-in-title of the parties, named Bakha, under the Colonization of Government Lands Act, 1912. On Bakha's death, the tenancy devolved on his two sons, Saleh and Muhammad, in equal shares. On the latter's death in 1932, his half share of the tenancy was mutated in favour of his widow, Mst. Bhawan, and subsequently on her death in the year 1544, it devolved on his unmarried daughter, respondent Mst. Hayat Bibi, under the customary law, and she was thus entitled to retain it till her marriage or death. It appears that inheritance mutation No. 393 (Exh. P. 6) was sanctioned in favour of Mst. Hayat Bibi, about three months after her marriage, which, vide the copy of entry of the Nikahregister (Exh. P. 1), took place on the 16th of May 1944. Saleh, the uncle of Mst. Hayat Bibi, who died during the…

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