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Civil Petition for Special Leave to Appeal No. 1234 of 1980, decided on 2nd September, 1985.
‑‑‑Art. 185(3)‑‑Colonization of Government Lands (Punjab) Act (V of 1912), S. 19‑A‑‑Inheritance‑‑Leave to appeal granted to examine question as to what was date of death of last owner of tenancy rights; what was date and effect of extension of Colonization of Government Lands (Punjab) Act (V of 1912) to Bahawalpur State; whether and when S. 19‑A of Act would be deemed to have been made applicable to tenancy in dispute and what was effect of enforcement and application of Shariat Law by Notification No. 20‑LD dated 4‑3‑1951 gazetted on 5‑3‑1951 and whether any difference in that behalf was made by a subsequent Notification No. 40‑LD of exemption issued on 26‑5‑1951.
Sajjad Hussain, Advocate Supreme Court with Ejaz Ahmad Khan, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 2nd September, 1985.
‑Leave to appeal has been sought from judgment, dated 22nd June, 1985, of the Lahore High Court; whereby Regular Second Appeal arising out of a land /inheritance dispute filed by the respondent side, was allowed with the finding that Nizam Din the last owner of tenancy rights having died before the promulgation of the Shariat Law in the particular locality of Bahawalpur State where the property in dispute is situate, accordingly his inheritance has to be governed by previous law and not by Muslim Law.
2. After hearing the learned counsel we deem it a fit case to examine:
(a) What is the date and death of Nizam Din
(b) What is the date and effect of the extension of the Colonization of Government Lands (Punjab) Act (V of 1912) to Bahawalpur State‑‑whether and when section 19‑A of the said Act would be deemed to have been made applicable to the tenancy in dispute
(c) What is the effect of the enforcement of and application of the Shariat Law by Notification No. 20‑LD, dated 4th of March, 1951, gazetted on 5th of March, 1951 and whether any difference in this behalf was made by a subsequent Notification No. 40LD of exemption issued on 26th of May, 1951 and
(d) Other related questions.
Order accordingly. Leave is granted, Security Rs. 2,500.
M.I. Leave granted.
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