Amendment status not verified — confirm the current text below against the official source.
Succession of right of occupancy.— When a tenant having a right of occupancy in any land dies, the right shall devolve- (a) on his make lineal descendants, if any, in the male line of de- scent, and (b) failing such descendants, on his widow, if any, until she dies or re-marries or abandons the land or is under the provisions of this Act ejected therefrom, and [(c) failing such descendants and widow, on his widowed mother, if any, until she dies or re-marries or abandons the land or is under the provisions of this Act ejected therefrom.] (Subs. for the old clause by Punjab Act IX of 1959. Section 2(i)) [(d) failing such descendants and widow, or widowed mother or if the deceased tenant left a widow or widowed mother, then when her interest terminates under clause (b) or (c) of this sub-section, on his male collateral relatives in the male line on descent from the common ancestor of the deceased tenant and those relatives.] (Ins. by Puniab Act XI of 1939. Section 2(i1)) Section:- 60 Provided, with respect to clause (d) (Subs. for the letter "c" in brackets by Pb. Act IX of 1939. Section 2(iii) of this sub-section, that the common ancestor occupied the land. (Explanation.- (Added by Pb. Act 11 of 1927 Section 3. (This amendment was made effective from the lEJ day of April 1920) For the purpose of clause (d), (Subs for the letter "c" in brackets by Punjab Act. IX of 1939. Section 2(iv)), land obtained in exchange by the deceased tenant or any of his predecessors-in- interest in pursuance of the provisions of sub-section (1) of Section 58-A shall be deemed to have been occupied by the common ancest or if the land given for it in exchange was occupied by him] (2) As among descendants and collateral relatives claiming under sub- section (1) the right shall, subject to the provisions of that sub-section, devolve as if it were land left by the deceased in the village in which the land subject to the right is situate. (3) When the widow of a deceased tenant succeeds to a right of occu- pancy, she shall not transfer the right by sale, gift or mortgagee or by sub- lease for a term exceeding one year. (4) If the deceased tenant has left no such persons as are mentioned in sub section (1) on whom, his right of occupancy may devolve under that sub-section the right shall be extinguished. Case Law Section 59— Dholidar—'Bila-Lagan-Bawaja Punrath'—Dholidar— Without payment of rent for religious purposes)—Adverse possession—Plaintiff inherited all the rights of Dholidar of her husband and two brothers in the suit land—In Revenue enteries they have been shown to be in cultivating possession— Defendants canhot be said to have become owners of that land by adverse possession— Appellate Court erred in holding that defendants have acquired the right of ownership by adverse possession. ; Chand Kaur v. Tulsi Ram (Dead) through L.Rs. and ors : 2007(1) ALL INDIA LAND LAWS REPORTER (P&H) 61 Section 59— Punjab Settlement Manual—'Dohli'— 'Dohlidar'—Death bed gift from land owner—'Dohli' tenure can never be termed as occupancy tenure— Dohli tenure is not of a perpetual tenancy—It is an instance of Malik Kabza i. e. owner in possession—A 'dohlidar is owner of land for the purpose of land revenue as well land Tenures Act—A Dholidar is in the status of Malik Kabza. ; Chand Kaur v. Tulsi Ram (Dead) through L.Rs. and ors : 2007(1) ALL INDIA LAND LAWS REPORTER (P&H) 61 IRREGULAR TRANSFERS