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Constitution of Pakistan (1962), Art. 58(3)-Matter in dispute already pending adjudication before Custodian of Evacuee Property ­Petition for Special Leave to Appeal dismissed. Sh. Abdur Rashid, Senior Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record for Petitioners. A. R. Shaukat, Senior Advocate Supreme Court instructed by Kh. Wall Muhammad, Advocate-on-Record for Respondent No. 5. Nemo for Respondents Nos. 1-4 and 6. Date of hearing : 7th July 1972. ORDER WAHEEDUDDIN AHMAD, J.-Fateh Chand son of Dewan Mehtab Rai, a collateral of the petitioners and respondents Nos. 3, 4, 5 and 6, owned 12613 kanals and 2 marlas of land in village Piply Mehtab Rai, Tehsil Dipalpur, District Sahiwal. In 1914, he died issueless. He was survived by a step-mother named Mst. Daya Bai and his collaterals. All his property was mutated in the names of the collaterals. Mutation No. 2, on the death of Fateh Chand was sanctioned on the 3rd July 1916. Mst. Daya Bai filed Suit No. 49 of 1916 in the Court of Senior Sub-Judge, Montgomery seeking declaration claiming herself to be the sole owner of the property as step-mother of the said Fateh Chand. - The suit was dismissed by the Senior Sub-Judge. Appeal against this order was also dismissed. The appellate order is reported in A I R 1923 Lah. 448. Mst. Daya Bai further agitated the matter and filed Suit No. 34 of 1923 claiming maintenance out of the property during her lifetime. This suit was compromised on the 11th June 1923. In pursuance of this decree, 12613 kanals and 2 marlas of land were delivered to Mst. Daya Bai as a life estate. On the 23rd October 1942, Kist. Daya Bai executed an agree­ment. Under the terms of this agreement, land measuring 80 acres, situated at outlet No. 32914-L, village Haveli and land measuring 167 kanals and 2 marlas situated at Pipli Mehtab Rai, was given to Mouj Rai, the father of the petitioners without payment of any rent. He was only to pay land revenue and was not liable to be ejected unless he committed default in payment of land revenue. After Partition, Mst. Daya Bai migrated to India and she died there on the 29th March 1949. The petitioners' father embraced Islam after…

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