GHULAM DASTGIR versus HIDAYAT

Section 20 and 21 Succession of the original tenant Section 20 does not require personal law to be interpreted and enforced as being a self-made law, the son of the original tenant's former son, his The resident is entitled to the original rent left by his grandparents as well as the son, as a representative of his deceased father.

1981 C L C 3

[Lahore]

Before Karrar Hussain Zaidi, J

GHULAM DASTGIR AND 6 OTHERS‑Appellants/Defendants

versus

HIDAYAT AND 2 OTHERS‑Respondents/Plaintiffs

Civil Revision No. 690/D of 1980, decided on 14th June, 1980.

(a) Colonization of Government Lands (Punjab) Act (V of 1912)‑

‑‑ Ss. 20 & 21‑‑Succession to original tenancy‑Section 20 being self -contained law of succession does not require help of personal law for its interpretation and enforcement‑Sons of predeceased son of original tenant‑Held, entitled to inherit original tenancy left by their grand‑father alongwith his living sons, as representatives of their deceased father ‑ Muhammadan Law ‑ Succession ‑ Doctrine of Exclusion.‑‑[Muhammadan Law].

(b) Civil Procedure Code (V of 1908)‑

‑ S. 115‑Revision‑Concurrent findings of Courts below based upon correct appraisal of law and fact on subject‑Held, cannot be interfered with in revisional jurisdiction under S. 115.

Syed Jamshed Ali for Appellants.

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