| Case ID |
2defb853-0411-4706-a80b-063594f9dfce |
| Body |
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| Case Number |
R. O. R. No. 1232 of 1988 |
| Decision Date |
Jul 23, 2001 |
| Hearing Date |
|
| Decision |
The revision petition has been accepted, determining that the tenancy rights of Niamat Ali, who died before the application for proprietary rights was made, shall devolve upon his legal heirs. The Board of Revenue has clearly stated that all legal heirs are entitled to succeed to the rights of a tenant after their death. It was concluded that the temporary lease under the 15 years lease scheme should be transferred to all legal heirs rather than just one, as was incorrectly done in the past. The Deputy Commissioner, Vehari is instructed to identify all legal heirs and facilitate the transfer of tenancy rights accordingly. Any proprietary rights previously granted to the respondent Rehmat are also set aside, and any payments made will be refunded. |
| Summary |
This case revolves around the interpretation of tenancy succession under the Colonization of Government Lands (Punjab) Act, specifically Section 19-A. The case emerged after the death of tenant Niamat Ali, who had been granted a temporary lease under a 15-year scheme. Upon his death, the tenancy rights were improperly transferred solely to his brother Rehmat, excluding other legal heirs. The Board of Revenue's ruling emphasized that all legal heirs have a right to succeed the tenancy, reflecting principles of succession under Muslim Personal Law. The court's decision reinstates the legal heirs' rights, ensuring equitable treatment in the transfer of tenancy rights. This case is significant for its implications on property rights and succession laws in Punjab, providing clarity on the rights of legal heirs in tenancy matters. Key terms: tenancy rights, succession, legal heirs, property rights, Punjab, Colonization of Government Lands Act. |
| Court |
Board of Revenue, Punjab
|
| Entities Involved |
Not available
|
| Judges |
MIAN MUHAMMAD, JAMIL, MEMBER (JUDICIALII)
|
| Lawyers |
Riaz Hussain Khan,
Malik Ghulam Siddique Awan
|
| Petitioners |
Niamat alias Amanat Ali
|
| Respondents |
Rehmat
|
| Citations |
2002 SLD 1944,
2002 CLC 1230
|
| Other Citations |
1998 SCMR 388
|
| Laws Involved |
Colonization of Government Lands (Punjab) Act
|
| Sections |
19-A
|