Citation Name: 2023 YLR 2197 PESHAWAR-HIGH-COURTBookmark this Case JAHANDAD KHAN vs Mst

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Citation Name: 2023 YLR 2197 PESHAWAR-HIGH-COURTBookmark this Case JAHANDAD KHAN VS Mst. ROKHANA Ss. 8, 42 & 54---Punjab Tenancy Act (XVI of 1887) [since repealed], S. 59 [as amended by Punjab Tenancy (Amendment) Act, 1951]--- Khyber Pakhtunkhwa Tenancy Act (XXV of 1950), S. 4---Suit for recovery of possession, declaration and injunction---Occupancy tenancy--- Inheritance---Principle--- Retrospective effect---Respondent / plaintiff was daughter while petitioner/defendant was son of deceased occupancy tenant over suit land---Land was mutated in favour of petitioner/defendant in year 1938 on death of predecessor-in-interest of parties excluding respondent/plaintiff from inheritance---Respondent/plaintiff filed suit for recovery of possession, declaration and injunction to the extent of her share in suit land---Suit was concurrently decreed by two Courts below---Contentions of petitioner/defendant were that amendment introduced to S. 59 of Punjab Tenancy Act, 1887, was not applicable retrospectively and he had been depositing compensation under S. 4 of Khyber Pakhtunkhwa Tenancy Act, 1952, therefore, he had acquired exclusive right over suit land---Validity---Not only heading of S. 59 of Punjab Tenancy Act, 1887, [as amended by Punjab Tenancy (Amendment) Act, 1951] but body of main section also aimed at providing a complete code for devolution of occupancy rights of deceased occupancy tenant---With the amendment brought in year 1951 the matter of devolution which had earlier been governed by customs was to be regulated by the law of Shariat---Right of occupancy had always been treated inheritable by law---Only difference that was made by Punjab Tenancy (Amendment) Act, 1951, was to the effect of substituting governing law and changing it from customs to Shariat---Right of occupancy tenancy was always inheritable---Matter of legacy of a Muslim occupancy tenant was governed by S. 59 of Punjab Tenancy Act, 1887, [as amended by Punjab Tenancy (Amendment) Act, 1951], even if deceased occupancy tenant had died before promulgation of Amending Act, because of its retrospective effect---Payment made by brother (petitioner/ defendant) was also deemed to be made on behalf of sister, who was plaintiff before Trial Court---High Court declined to interfere in concurrent judgments and decrees passed by two Courts below---Revision was dismissed accordingly.

Citation Name: 2023 YLR 2197 PESHAWAR-HIGH-COURTBookmark this Case JAHANDAD KHAN vs Mst — 2023 YLR 2197 PESHAWAR-HIGH-COURT

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