Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 15 & 16 read with Rehabilitation Settlement Scheme, Part II, Para 46-A-Female obtaining allotment in lieu of land abandoned in India by her as limited owner-Does not become full owner of land allotted in Pakistan in satisfaction of such claim-Transfer by her of the land allotted to her would be valid only to the extent of share she could inherit after the termination of life estate-(Sher Muhammad v. The Additional Settlement & Rehabilitation Commissioner P L D 1968 Lah. 234 overruled ]. Sher Muhammad v. The Additional Settlement and Rehabilita­tion Commissioner P L D 1968 Lah. 234 held overruled. Additional Settlement Commissioner (Land), Sargodha v. Muhammad Shafi and others P L D 1971 S C 791 ref. Ch. Ghulam Mujtaba, Advocate-on-Record for Appellants. Syed Ali Raza, Advocate Supreme Court instructed by Raja Abdul Razzaq, Advocate- on-Record for Respondents. Date of hearing : 12th June 1972. JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal, by- special leave, arises out of a judgment of a learned Single Judge of the former High Court of West Pakistan, Lahore, dismissing I6gular Second Appeal No. 79 of 1968 in limine, on the ground that the questions of law arising in the appeal are covered by a Full Bench decision of that Court in the case of Slier Muhammad v. The Additional Settlement and Rehabilitation Commissioner (P L D 1968 Lah. 234). The learned Single Judge also refused to grant a certificate under Clause 10 of the Letters Patent of the High Court. Leave was granted in this case to consider the question as to whether a female allottee of agricultural land under the Rehabilitation Act becomes an absolute owner thereof to the exclusion of the collaterals of the last full owner. The dispute relates to agricultural lands situated in Square No. 29 of Chak No. 46/J. B. in the District of Lyallpur which were allotted and confirmed in the name of Mst. Mehtab Bibi under the provisions of the Displaced Persons (Land Settlement) Act (XLVII of 1958), after she migrated to Pakistan. Her husband, Barkat Ali, was owner of some agricultural lands in village Ghariala, Tehsil Qasur, District Lahore, which…

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