Mst. Salehon vs Muhammad Yaqub — 1970 SCMR 246

Citation: 1970 SCMR 246

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as 1970 SCMR 246

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan, JUDGMENT Reported As: 1970 SCMR 246 Result: Appeal dismissed Judgment JUDGMENT MUHAMMAD YAQUB ALT, J.-This certificated appeal arises from Civil Suit No. 332 of 1955 instituted by the respondents 1 to 3 and 5 to 8 in the Court of the Senior Civil Judge, Montgomery, for a declaration that gift of the land described in the plaint measuring 259 kanals and 10 marlas situated in Chak No. 27/1-A. L, Tehsil Okara, by Mst. Salehon, respondent No. 4, in favour of the appellant was qua their reversionary rights null and void. The trial Court dismissed the suit, but on appeal the High Court reversed the judgment and decree in favour of the appellant and decreed the suit. The trial Court upheld the gift in the view that Mst. Salehon was an original tenant of the suit land and became an absolute owner by virtue of acquisition of proprietary rights on payment of Malikana to the provincial in this view precluded from assailing the gift made by her in favour of the appellant. The learned Judges m the High Court came to a contrary conclusion and found that Mst. Salehon was given the grant on account of her deceased husband Ahmad and as such she was not an original tenant. Accordingly, under sec--tion 30-A of the Colonization of Government Lands (Punjab) Act, 1912, which had earlier come into operation, Mst. Salehon did not become an absolute owner of the land. The gift made by Mst. Salehon…

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