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Review Side No. 12 of 1951‑52, decided on 20th May, 1952.
Ss. 20 (c) & 21‑Succession to female tenant, on death or marriage, who was not original tenant.
Under section 20 (c) the unmarried daughters succeed when an original tenant dies until they die or marry and under section 21, whenever any female tenant dies or marries, and she is not a person to whom the tenancy has been first allotted, the tenancy devolves on the person who would succeed if the tenancy were agricultural land acquired by the original tenant.
Allah Dad v. Noor Bibi P L D 1950 Lab. 356 rel.
In the absence of riwaj‑i‑am of a District. Customary Law should apply.
Parties present with their Counsel.
‑This to on application for review of my order dated 20th November, 1951. The facts are briefly stated in para. 1 of that order.
I have heard the parties again and on reconsideration, I find that the Commissioner was right in holding that section 21 (b) of the Punjab Colonization of Government Lands Act, applies. Under section 20 (c) the unmarried daughters succeed when an original tenant dies until they die or marry and under section 21, whenever any female tenant dies or marries, and she is not a person to whom the tenancy has been first allotted, the tenancy devolves on the person who would succeed if the tenancy were agricultural land acquired by the original tenant. This view is supported by a recent Division Bench ruling Allah Dad v. Noor Bibi (P L D 1950 Lah. 356). I also agree with the learned Commissioner that in the absence of riwaj‑i‑am of the Lyallpur District the Customary Law as stated in Rattigan's Digest, would apply and prima facie the petitioner Jiwan who is the son of the deceased daughter Mst. Bakhan of the original tenant, should succeed. I, therefore, accept the petition, and in review of my order dated 20th November, 1951 confirm the order of the Commissioner dated 18th November, 1950 and sanction the original mutation in favour of Jiwan petitioner.
Announced.
A. H. Petition accepted.
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