Mst. SARDAR BEGUM AND ANOTHER vs Mst. BAGGI AND OTHERS — 1961 PLD 26

Citation: 1961 PLD 26

Court: High Court of Azad Jammu and Kashmir

Year: 1970

Decision Date: 1970-10-09

Parties: Mst. SARDAR BEGUM AND ANOTHER vs Mst. BAGGI AND OTHERS

Headnotes

Case cited as PLD 1961 Azad J & K 26

Judgment Text

Court Name: High Court of Azad Jammu and Kashmir Judge(s): Khawaja Muhammad Sharif, Khawaja Muhammad Yousaf Saraf Title: Mst. SARDAR BEGUM AND ANOTHER vs Mst. BAGGI AND OTHERS Case No.: Date of Judgment:1970-10-09 Reported As: PLD 1971 Azad J & K 6 Result: Order accordingly JUDGMENT JUDGMENT MUHAMMAD YUSUF SARAF, J.--These two appeals arise out of the following circumstances:-- One Muhammad Sharif, an occupancy tenant, having died issueless, the tenancy was mutated in favour of his widow Mst. Baggi. By the time the land was acquired in connection with the construction of Mangla Dam, the widow had acquired proprietary rights under the Land Reforms Act. Compensation was, therefore, awarded to her. Sardar Begum the sister of Mohammad Sharif filed a reference claiming a share of the property. The District Judge dismissed the reference because he was of the opinion that proprietary rights having been purchased by her, it had become her self-acquired property. It is against this judgment and decree that the appellants have come in appeal to this Court. The only point for determination therefore is as to whether a widow who has succeeded an occupancy tenant in her capacity as his wldow, can, by acquiring proprietary rights, so change the character of her possession that she can transform herself from a life-tenant to that of a full owner. In 1988-89 Bk the Jammu and Kashmir State witnessed a gigantic political movement unprecedented in the history of princely States. Hundreds of…

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