Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958), Ss. 15 do 16 read with Rehabilitation Settlement Scheme, Part II, Para. 46-A-Female inheriting land as limited owner (under custom) from her husband in India prior to Partition-Lands allotted to her on migration to Pakistan in lieu of such land-No absolute title to exclusion of reversioners of last male owner acquired by her in respect of land-[Sher Muhammad v. The Additional Settlement and Rehabilitation Commissioner P L D 1968 Lah. 234 overruled]. Sher Muhammad v. The Additional Settlement and Rehabilita­tion Commissioner P L D 1968 Lah. 234 overruled. Additional Settlement Commissioner (Land), Sargodha v. Muhammad Shafi and others P L D 1971 S C 791 ref. J. H. Rizvi, Senior Advocate Supreme Court instructed by S. Abid Nawaz Abid, Advocate-on-Record for Appellant. Respondent : Ex parte (vide Court's order dated 12-11-1971). Date of hearing : 12th June 1972. JUDGMENT HAMOODUR RAHMAN, C. J.-In this appeal, by special leave, we are concerned with the case of one Mst. Aziz Bibi, who obtained an allotment of 312 kanals and 2 marlas of land in Chak No. 158/G. B., Tehsil Toba Tek Singh, District Lyallpur, on migration to Pakistan in lieu of the lands mutated in her name in India as a widow. She was the widow of one Ghulam Rasool and on his death his estate was mutated in her name as a limited owner under the custom prevailing in the District of Ludhiana in East Punjab, India. The said Ghulam Rasool died some 10 years before the Partition of the Country. After the promulgation of the West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), the appellant, claiming to be a brother of the said Ghulam Rasul, applied to the Assistant Collector, Toba Tek. Singh, for the mutation of his name in respect of 3/4th of the above-mentioned lands allotted to Mst. Aziz Bibi. The Assistant Collector, by his order of the 22nd of July 1964, allowed the mutation. Mst. Aziz Bibi went up on appeal to the Collector who, by his order of the 9th of June 1965, cancelled the mutation. The appellant thereupon went up in second appeal before the Commissioner, Sargodha Division, but the latter dismissed his appeal on the…

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