ABDULLAH and 7 others vs Mst. KHATOON BIBI and 2 others
This matter concerns a dispute over the inheritance of land originally allotted to Qasim Ali under the Colonization of Government Lands Act, 1912. Following the death of the original allottee and his widow, Mst. Noor Bibi, the land was mutated in favor of the allottee's brother, Rahim Bakhsh. The respondent, claiming to be the granddaughter of the original allottee, challenged the validity of this mutation and subsequent transfers. The core legal question was whether the succession to the land, upon the widow's death, should be governed by the Muslim Personal Law (Shariat) Application Act, and whether the claims of the respondent were barred by limitation or adverse possession. The Supreme Court held that upon the widow depositing the sale price in 1951, proprietary rights were conferred, and succession opened in accordance with Muslim Personal Law, as mandated by Section 19-A of the Colonization of Government Lands Act, 1912. The Court affirmed that the respondent, as a legal heir, became a co-sharer in the property, and therefore, the principles of limitation and adverse possession do not apply against a co-sharer.
- Does the principle of adverse possession apply against a co-sharer of land?
- Does the deposit of sale price by a widow under the Colonization of Government Lands Act 1912 confer proprietary rights?
- Does Section 19-A of the Colonization of Government Lands Act 1912 require succession to be determined by Muslim Personal Law?
- Section 19-A, Colonization of Government Lands Act 1912
- Muslim Personal Law (Shariat) Application Act 1962
' KARAMAT NAZIR BHANDARI, J.--- The land in dispute, about 100 Kanals was allotted to Qasim Ali under the Colonization of Government Lands Act, 1912, (hereinafter to be referred as "the Act") before 1939. Stately Qasim died in 1939 leaving behind Mst. Noor Bibi, widow Mst Jannat Bibi daughter (she is claimed to have pre-deceased Qasim Ali) and Rahim Bakhsh, real brother. Vide inheritance mutation dated 9-1-1940 the land was entered in the name of Mst. Noor Bibi widow, as a life estate. Mst. Noor Bibi is shown to have deposited the sale price on 8-4-1951. Mr. Noor Bibi is said to have died in September or December, 1951 and on her death mutation of inheritance was entered in favor of Rahim Bakhsh on 11-5-1962. It was on 13-5-1969 that Mst. Khatoon Bibi, respondent No,1 claiming to be daughter of Mst. Jannat Bibi, filed a suit for declaration of invalidity of Mutation No,77, dated 11-5-1962 in favor of Rahim Bakhsh as also about her share the land with consequential relief of possession. In the suit, Abdul Salam brother of the plaintiff was impleaded as pro forma respondent. During the pendency of suit, Rahim Bakhsh transferred the land in favor of his sons by way of gift as reflected in Mutation No,133, dated 9-7-1969. The plaintiff was permitted to amend the plaint so as to implead the donees. A amended plaint was thereafter filed. The suit was contested and was dismissed by the trial Court on 31-7-1972. Plaintiff along with her brother filed an appeal which was accepted by the District Court on 7-7-1973. Petitioners filed second appeal (R.S.A. No,291 of 1973) in the Lahore High Court, Multan Bench which was dismissed on 17-12- 1999 by a learned Judge in Chambers. The petitioners-defendants seek leave to appeal from the judgment of the High Court.
2. It has been contended by learned counsel for the petitioners that the High Court has incorrectly concluded that the Muslim Personal Law (Shariat) Application Act, was applicable at the time of death of widow Mst. Noor Bibi. According to him, the High Court by suffering an error in law, has wrongly declared the mutation of land in favor of Rahim Bakhsh and gift to his sons as illegal. He has also argued that High Court has again taken an erroneous view of law on the question of limitation as well as adverse possession.
3. None of the contentions has any force. Section 19-A was added to the Act in 1951 through the Colonization of Government Land (Punjab) Act III of 1951. By virtue of this provision the limited estate held by widows were terminated and succession was required to take A place in accordance with the Shariat Law. It was under this provision that the widow deposited the sale price on 8-4-1951 before her death. The Courts below seem to have taken a correct view that with the deposit, proprietary rights stood conferred. However, succession will be deemed to have opened as if the original allottee Qasim Ali had died and succession will take place in accordance with Muslim Personal Law. That Qasim Ali was survived by a widow, a daughter and a brother is a finding of fact and does not require to be disturbed. It is these three persons who will succeed to the estate of Qasim Ali.
5. In view of above, the plaintiff and her brother became co-sharer of the land and in terms of pronouncement of this Court in the case of Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1, no question of limitation and adverse possession arises against the co-sharer.
6. The impugned judgment is valid and does not require any interference. This petition is dismissed and leave is refused.