Mst. BEGAN vs Mst. BAI — 1963 PLD 412

Citation: 1963 PLD 412

Court: Lahore High Court

Year: 1970

Decision Date: 1970-09-10

Parties: Mst. BEGAN vs Mst. BAI

Headnotes

Case cited as PLD 1963 Lah. 412

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Muhammad Munir Farooqi Title: Mst. BEGAN vs Mst. BAI Case No.: Regular Second Appeal No, 679 of 1966 Date of Judgment:1970-09-10 Reported As: PLD 1971 Lahore 567 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD AFZAL CHEEMA, J.--This defendant's second appeal has arisen in the following circumstances : One Sadoo was granted tenancy rights in one-third share of 200 Kanals and two Marlas of land in square No, 54 of Chak No, 20/1-AL, Tehsil Okara, District Sahiwal, for livestock breeding under the Colonization of Government Lands Act, 1912 (hereinafter called the Act) on the 7th of October 1922. He died issueless on the 15th of October 1946 and his widow Mst. Bai, plaintiff- respondent, succeeded to the tenancy under section 20(d) of the Act. Subsequently, however, on the 24th of March 1959, Mst. Bai was allowed to acquire proprietary rights in the tenancy. After the enforcement of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, section 3 of which terminated life estates held by Muslim females under Customary Law, mutation No, 73, dated the 24th of December 1963, was sanctioned by the Assistant Collector (II) in respect of the land in question, according to which one-fourth share went to Mst. Bai respondent while the remaining three-fourth was given to her husband's sister Mst. Began appellant, who was the only other surviving heir under Shariat. Feeling aggrieved, on the 27th of March…

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