Succession to tenancy

2024 YLR 1394 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

Ss. 42 & 54Colonization of Government Lands (Punjab) Act (V of 1912), S. 19-ASuit for declaration and injunctionSuccession to tenancyLimited owner, right of

Suit filed by respondents/plaintiffs seeking their right of inheritance in suit property was decreed in their favour by Trial Court as well as by Lower Appellate Court

Validity

Respondents/plaintiffs could not have any vested right with regard to property/estate of their predecessor-in-interest during life time of her mother

Right to succession came into existence on the death of limited owner, as the property had reverted to original owner i.e. father of predecessor-in-interest of respondents/plaintiffs

On termination of limited interest of widow, the succession was open under S. 19-A of Colonization of Government Lands (Punjab) Act, 1912, to all persons who would have been entitled to inherit the property at the time of death of last full owner and at that time predecessor-in-interest of respondents/plaintiffs was alive

Respondents / plaintiffs were entitled to share of their predecessor-in-interest which she had inherited from her father

Mutation which was sanctioned to the exclusion of legal heirs of deceased was nothing but a waste of paper, running counter to Shariah by which Muslim right holders are governed

High Court in exercise of revisional jurisdiction declined to interfere in concurrent findings of facts by two Courts below

Revision was dismissed, in circumstances.

2020 SCMR 72 SUPREME-COURT Judicial Precedent

Ss. 20 & 21 [as applicable in erstwhile State of Bahawalpur]Succession to tenancyTenancy granted to sons of deceased-tenant to the exclusion of daughtersSuccession of tenancy rights after death of sonsScope

Upon death of original tenant his two sons succeeded to the tenancy rights to the exclusion of three daughters in terms of S. 20 of the Colonization of Government Lands (Punjab) Act, 1912 ('the Act')

When both sons died in 1940, then under the provisions of S. 21(b) of the Act the succession was determined as though the original tenant had died, the succession being treated as having opened up at that time

Furthermore, at that time the relevant rules of the Islamic law of inheritance were applied

In those terms, all of original tenant's heirs (including in particular the three daughters) then became entitled to a share

Legality

One of the daughters (i.e. the plaintiff) had brought her suit for share in tenancy rights after both of herbrothers had died

Question of plaintiff's claim to a share in the tenancy rights that devolved from her father, was to be governed by S. 21 and not S. 20 of the Act, and in terms of the general law of inheritance relating to Muslims

Plaintiff was entitled, as a daughter, to an appropriate share in the tenancy (devolving from her father, whatsoever form the tenancy might have taken); of course that also meant that the plaintiff was not entitled to any share in the tenancy from her uncle (i.e. father's brother).

2019 SCMR 99 SUPREME-COURT Judicial Precedent

S. 19-ASuccession to tenancyDaughter, share ofTenancy granted by erstwhile State of BahawalpurShare of daughters in tenancy after death of original tenant

Plea of appellant that the Colonization of Government Lands (Punjab) Act, 1912 in its original form granted succession in tenancy rights to all the legal heirs of the original tenant as per rules of Islamic law, but the subsequent addition of S. 19-A to the said Act, operated to exclude female heirs

Validity

Right of inheritance of a female heir under Islamic law which was conferred prior to addition of S. 19-A, could not be defeated by the perverse interpretation of S. 19-A put forward by the appellant

Respondent/female heir being one of the female heirs of the original tenant, succeeded to her share in her father's tenancy by operation of the rule enunciated by the Supreme Court in the case of Umar Din and another v. Mst. Sharifan and another PLD 1995 SC 686.

2013 SCMR 1133 SUPREME-COURT Judicial Precedent

Ss. 19A & 20Succession to tenancyTenancy created before coming into force of S. 19A of Colonization of Government Lands (Punjab) Act, 1912Right of daughters (heirs) of tenant to inherit in such a tenancyScopeColony land was purchased by tenant in an open auction

Tenant died in the year 1945 after paying first instalment of sale price, where after his sons paid the remaining price and mutation was sanctioned in their favour in the year 1956

Daughter of tenant filed a suit claiming her shari share in the property, which suit was decreed by Trial Court

First Appellate Court dismissed appeal filed by sons

High Court also dismissed revision petition filed against order of First Appellate Court holding that rights under the tenancy were inheritable (by all heirs of tenant) in view of S.19A of Colonization of Government Lands (Punjab) Act, 1912

Validity

Section 19A of Colonization of Government Lands (Punjab) Act, 1912, by which tenancy devolved upon heirs of tenant in accordance with Muslim Personal Law, was applicable to those tenancies where the Muslim tenant died after coming into force of S.19A (vide Colonization of Government Lands (Punjab) (Amendment) Act, 1951)

Tenant, in the present case, died in the year 1945, before coming into force of S.19A of Colonization of Government Lands (Punjab) Act, 1912, therefore his tenancy rights were to be governed by S.20 of the same Act

At the time of his death tenant had paid only one instalment and he was still a tenant, therefore, succession to tenancy was to devolve in accordance with S.20 of Colonization of Government Lands (Punjab) Act, 1912, by which section only sons of tenant could succeed to tenancy

Having acquired the tenancy the sons became tenants in their own right, and remained tenants till the year 1956, when they made full payment of sale price and became full owners of the property

Upon payment of full sale price sons became owners of property in their own right under the provisions of Colonization of Government Lands (Punjab) Act, 1912 and not as legal heirs of their father (tenant)

Property devolved upon sons of tenant under S.20 of Colonization of Government Lands (Punjab) Act, 1912 and not by way of inheritance

High Court had erred in holding that S.19A applied to the tenancy

Appeal was allowed, impugned judgment of High Court and decree passed by Trial Court were set aside, and suit filed by daughter of tenant was dismissed.