MUHAMMAD HUSSAIN--Plaintiff vs Mst. BHAGAN AND 2 OTHERS--Defendant — 1960 PLD 427

Citation: 1960 PLD 427

Court: Lahore High Court

Year: 1970

Decision Date: 1970-04-09

Parties: MUHAMMAD HUSSAIN--Plaintiff vs Mst. BHAGAN AND 2 OTHERS--Defendant

Headnotes

Case cited as PLD 1960 Lah. 427

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Karam Elahi Chauhan Title: MUHAMMAD HUSSAIN--Plaintiff vs Mst. BHAGAN AND 2 OTHERS--Defendant Case No.: Regular Second Appeal No, 528 of 1959 Date of Judgment:1970-04-09 Reported As: PLD 1971 Lahore 266 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD AFZAL CHEEMA, J.--The facts giving rise to this R. S. A. are that one Sardara was Occupancy Tenant of the suit land situate in village Haranpur, Tehsil Pind Dadan Khan of Jhelum District. On his death his widow, Mst. Bhagan respondent, succeeded to the tenancy as a life estate holder. On the enforcement of the Punjab Act VII of 1952 whereby new section 114 relating to the extinction of occupancy tenancies was enacted Mst. Bhagan acquired proprietary rights in accordance with the provision contained therein. Subsequently, however, on the 5th of December 1916, she sold the suit land by means of a registered sale-deed in favour of Fateh Muhammad, who already held most of it as mortgagee. The sale was successfully pre-empted by Feroze Khan defendant-respondent, who obtained a decree for possession. Muhammad Hussain minor, a daughter's son of Sardara, and Mst. Bhagan challenged the sale by bringing a usual declaratory suit under custom, the principal ground being that in view of the customary restrictions on her power of alienation Mst. Bhagan was not competent to dispose of the land, notwithstanding the acquisition of proprietary rights by her under section 114 of…

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