Alienation

Regardless of technical objections by petitioner, alienation in respondents' favour together with the relevant conditions was fully proved and petitioners' claim on merits was not. at all well-founded

Petition for leave to appeal refused.

Possession of land transferred and land revenue being paid by such transferees-Finding of Officer-on-Special Duty, Federal Land Commission against alienations not based on any evidence but recorded on mere presumption

Finding of such officer, held, rightly set aside in circumstances.

Alienation-Mere fact of alienation of a portion of his property by way of gift being permissible by owner in favour of his wife on marriage, held, does not amount to permit alienation of entire holding when intended to deprive and defraud heirs. Customary Law of District Attock compiled by K. S. Chaudhary Sardar Khan ref. Raja Abdul Razzaque, Advocate-on-Record for Petitioners.

S. 114-Custom (Punjab)-Alienation-Contention that "occupancy rights" having extinguished and occupancy tenants made proprietors of land suit seeking declaration regarding alienation of such rights could not have been filed-Held, without merit-Mere fact that occupancy rights were extinguished-Held, would not detract from ancestral character of land qua such rights having previously devolved upon alienor by inheritance under custom.-(Custom (Punjab)].

(b) Custom-Alienation-Gift made by person governed by custom before enforcement of Punjab Muslim Personal Law (Shariat) Application (Amendment) Act (XI of 1951)-Open to challenge in Court.

-Alienation-Widow acquiring property in lieu of or with part of her deceased husband's estate-Property so acquired; accretion to estate of her husband-Question as to how widow had dealt with the property-Irrelevant-Allegation that after acquisition she treated it as her own personal property-Burden to establish allegation lies on person asserting same.

Alienation Widow-Alienation by widow-Whether void or voidable - Complicated question of law and fact - Revenue Officer not competent to go into, in summary way.

Alienator cannot grant greater rights than what he himself' possesses-Crown grant in favour of grantee "to hold the said lands . . . . . for life in full proprietary rights" Full proprietary rights being co-extensive with life-time of holder for time being, any disposition made by him of those rights could not take effect beyond life-time of such holder so as to prejudicially affect interests of successor of such grantee

-Alienation-Decree in reversioners' suit for possession-Whether separate appeals against various reversioners competent-Four reversioners' suit for possession of land, invalidly gifted, decreed-Donee inadvertently impleading in appeal only three reversioners-Subsequent appeal against fourth revesioner dismissed as time-barred-Original appeal may not be dismissed on that account.

-Alienation-Awans of Talagang Tahssl of Campbellpur District-Extensive powers of alienation. Awans of Talagang Tahsil of Campbellpur District possess extensive powers of alienation. They can even gift away all their property provided there are no near collaterals.

Can be challenged by reversioners alone-Widow has no such right.

Custom (Punjab)-Alienation-Ancestral property-Kahuts of Chakwal Tehsil, Jhelum District-Full power of alienation in favour of collaterals-Mairs, Kasars and KahutsComposite group of same tribe.

Custom (Punjab)-Alienation-Issues as to legal necessity and consideration-Proof -Burden on, alienee.

Alienation Custom-Alienation-Widow sold land in 1942-A, one of collaterals of widow's husband gave consent to sale-Other collateral brought declaratory suit and obtained decree in 1943 to effect that reversionary rights would not be affected after death of widow-Widow died in 1952-A's heirs are not entitled to inherit or get possession of property-Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948).

Female heirs cannot challenge. The right of a reversioner to impeach an alienation is based on the agnatic theory according to which male descendants of an ancestor have a kind of residuary interest in his property They inherit not from the last male owner but from the common ancestor though through the last owner and their right of inheritance from the common ancestor remains uneffected by an alienation which custom does not accept as valid against the reversionary right. Under agricultural custom tei11ale heirs were entitled originally to maintenance alone. In course of time the right of maintenance developed in some cases to a life estate. But they succeed only from the last male holder and not from airy common ancestor. They are bound by the alienation of the last male holder. They can neither challenge such alienation nor can the y take advantage of a decree obtained by the reversioners.

Alienation-Necessity - Final sale including Previous mortgages-Sale as a whole unchallengable-Mortgages included in it also unchallengable.

Custom-Alienation-Legal necessity-Sale by widow of property for defending her honour-Not justified by law.