Law:

Section:

Appeal to Supreme Court-Point never raised in any Court below-Not allowed to be .raised for first time before Supreme Court as it involved investigation into facts. Ch. Bashir Ahmad Alvi, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 30th June 1972. JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner, who is a refugee from India (Patiala State) obtained a confirmed allotment of 36 kanals and 9 marlas of lands in Chak No. 11, Gajjiayani Tehsil Chishtian, District Bahawalnagar, on the 13th of February 1959, on the ground that he, being a minor at the time of partition, could not file his claim and the lands were previously in the temporary allotment of his uncles, Sohna; Sultan and Bahadur. Rana, father of the respondents 2 to 6, challenged this allot­ment. He failed in appeal before the Deputy Rehabilitation Commissioner, Bahawalnagar but succeeded in revision on the ground that he, was a temporary allottee in the Chak while the petitioner was a non-allottee and the area in dispute was close to the area already confirmed to him. The petitioner then challenged the order by a writ petition in the former High Court of West Pakistan. A learned Single Judge refused to interfere on the ground that there was no reliable evidence on the record to show that the petitioner was a minor at the time of Partition. Paragraph 14 of Chapter I, Part It of the Rehabilitation Settlement Scheme was also invoked in aid for supporting the allotment in favour of Rnna. This order of the learned Single Judge has been upheld in a Letters Patent Appeal where the main point argued was that the petitioner was a minor at the time of Independence and was the real nephew of Sohna, Sultan and Bahadur who were sitting allottees of this Chak. The respondents challenged both these points and filed a photograph of the petitioner to show that he was a man of middle age and could not have been a minor at the time of Independence. They also filed a pedigree table to show that Sohna was not the real uncle of the petitioner. The Appellate Bench then ordered the learned counsel appearing for the petitioner to produce the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492