' These are two petitions against the order of Additional Commissioner (Revenue), Multan dated 11- 6-1987, (R.O.R.No.1665/1987) and the other arising out of a notice under Section 30(2) of Colonization of Government Lands Act, 1912 in connection with the wrong execution of Conveyance Deed by the Collector, Multan in 1983 in favour of Mst. Zainab Bibi and granting her proprietary right's under Notification dated 11-12-1961 with regard to land measuring 210-K 6-M situated in Chak No.107/10-R, Tehsil and District Khanewal. As the facts and parties of these cases are identical therefore these two cases are being disposed of by a single order.
2. Brief facts of these cases are that State land measuring 210-K 6-M comprising Khewat No.42 Khatuni Nos.165, 166, 167, 168, 169, situated in Chak No. 107/10R, Tehsil and Distrtict Khanewal was given under Dakhilkari Scheme to one Khaira under section 8 of Tenancy Act of 1887. After his death he was succeeded by his son Suleman who died issueless in 1943 and the land was transferred to Mst. Zainab Bibi his wife as limited owner through inheritance mutation No.113 sanctioned on 27-3- 1943. On the promulgation of West Pakistan Muslim Personal Law (Shariat) Application Act of 1962, the present petitioners agitated for being granted their share as reversionaries of deceased Suleman and mutation No.333 was sanctioned on 31-5-1963 in the name of Mst. Zainab Bibi widow of Suleman 1/4 share and Muhammad Ali, Yaqub Ali, Muhammad Shafi, Ahmad Ali, Bashir Ahmad, (real brothers) as reversionaries 3/4 share. Mst. Zainab Bibi then filed a declaratory suit before the Civil Judge claiming that according to Customary Law the entire land should be retained by her till her death. The suit was decreed in her favour vide decree dated 18-3-1964 and another mutation No. 344 for the entire land was sanctioned on 16-4-1964 in her favour. The petitioner against the above order of the Civil Judge appealed to Additional District Judge, Multan, who vide his order dated 24-2-1965 upheld the order of the Civil Judge with the following observations:- "The mutation No.333 whereby the inheritance of Sulcman deceased husband of the plaintiff/respondent was sanctioned and the plaintiff respondent was maintained under the Shariat Application Act, 1962 was therefore illegal and the plaintiff/respondent was entitled to occupy the land as an occupancy tenant till her death or re-marriage or until she abandoning the land under the provisions of the Punjab Tenancy Act or ejected therefrom".
3. Mst Zainab Bibi then applied before the Deputy Commissioner/Collector, Multan for grant of proprietary rights under Notification dated 11-12-1961 for whole of the tenancy and the same were granted to her vide D.C./Collector's order dated 12-9-1982 and 16-10-1982. She deposited the price and the Deputy Comissioner/Collector executed Conveyance deed in her favour on 23-4-1983.
Thereafter Mst. Zainab Bibi died and the land was inherited in favour of her reversionaries i.e. Noor Muhammad (brother), Mst. Aisha Bibi (sister) through inheritance Mutation No.254 sanctioned on 10-5-1986, who arc respondents in the present petitions.
4. The petitioners challenged the above mutations before the Assistant Commissioner/Collector, Khanewal, who vide his order dated 22-7-1986 cancelled the same. The present respondents filed an appeal before the Additional Commissioner (Revenue), Multan Division, Multan who set aside the order dated 22-7-1986 of the Assistant Commissioner/Collector, Khanewal and restored mutation No.254 in their favour. Hence this revision petition.
5. During the pendency of this revision petition Noor Muhammad respondent died and his legal heirs were impleaded as party vide this Court order dated 26-1-1989. Muhammad Shad one of the petitioners also died before filing the appeal in the Court of the Assistant Commissioner/Collector, Khanewal and his legal heirs alongwith the other petitioners have become petitioners.
6. I have heard the arguments advanced by the learned counsel for both the parties and gone through the record produced in the Court by the Patwari., Colony Clerk and the Moharer Mall. The record of the Court file was also perused. The learned counsel for the petitioners contended that Mst. Zainab Bibi (deceased) was a limited owner and could retain the impugned land till her death or re-marriage, as finally held by Additional District Judge in his decree dated 24-2-1965 which order was never challenged. It was therefore illegal by the District Collector Multan to have executed the Conveyance Deed for the whole land in her favour and subsequent mutations were also irregular in violation of the Shariat Application Act,1962. It was also contended that the learned Additional Commissioner (Revenue) Multan Division, Multan by ignoring the observations made by the Additional District Judge dated 24-2-1985 had set aside the order dated 10-5-1986 of the Assistant Commissioner/Collector, Khanewal which again was an irregular act and should be remedied. It was therefore prayed that exercising powers under Section 30(2) of Colonization of Government Lands Act, 1912, the Conveyance Deed executed in favour of Mst. Zainab Bibi widow of Suleman vide order dated 23-4-1983 of the Deputy Commissioner/Collector, Khanewal be cancelled and it may be ordered that only the impugned land be mutated in favour of the respondents as legal heirs of Mst. Zainab Bibi(deceased) while remaining 3/4th (of) the landed property be allowed to be transferred to the petitioners as reversionaries of Sulcman deceased.
7. The learned counsel for the respondents took the stand that Mst. Zainab Bibi deceased widow of Sulcman deceased was not a limited owner, therefore, proprietary rights of the entire property were rightly granted to her by the Deputy Commissioner/Collector, Khanewal vide his orders dated 12-9-1982, and 16-10-1982. The respondents were given repeated opportunities to prove that Mst.
Zainab (deceased) was a full owner of the impugned land before grant of proprietary rights to her by the District Collector on 12-9-1982. However they could not adduce any document or proof to this effect.
8. I have considered the arguments advanced by the learned counsel for both the parties and gone through the record produced in the Court. The history of case including the judgments of various Civil Courts clearly indicate that Mst. Zainab Bibi being widow of a tenant under Dakhilkari Scheme was a limited owner till her death. This was so held by the Additional District Judge on 24- 2-1965 and this judgment remained unchallenged. Consequently on her death the property had to revert to the legal heirs of Suleman deceased. All orders passed after 24-2-1965 granting Mst.
Zainab, proprietary rights of the full property or allowing her reversionaries to inherit the same are therefore, without legal force, and are set aside. However, since she died when the Shariat Act had come into force, she 'as entitled to 1/4th share of the property as Widow without issue.
Consequently, after her death 1/4th share of the landed property will revert to respondents as her legal heirs while the remaining 3/40.1' share of the impugned land Will be inherited by the legal reversionaries of Suleman deceased.,
9. I also order under Section 30(2), that the Conveyance Deed executed under Orders dated 12- 9.:1982 and 16-10-1982 of the District Collector; Multan be rescinded' and fresh deeds executed in accordance with the above Orders. Both the revision petitions are disposed of accordingly: