Law:

Section:

Natural justice, principles of-Opportunity of hearing-High Court, held, justified in setting aside an order passed without afford­ing opportunity of hearing to person affected. Maqbul Ahmad Sheikh, Advocate Supreme Court instructed by Maqbool Ahmad Rana, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing : 7th July 1972. JUDGMENT SALAHUDDIN AHMED, J.-This leave petition is from the order of a Division Bench of the Lahore High Court setting aside the impugned order of the Chief Land Commissioner and remanding the case to him for disposal according to law. The dispute is about the mutation of the share of the petitioner in the property left by his deceased father Sardar Ghous Bakhsh Mazari. On 2nd November 1959, the Land Commissioner of Bahawalpur had provisionally allowed the petitioner a share of inheritance in the property of his deceased father, subject to the condition that he must obtain a civil Court decree that he was the son of Sardar Ghous Bakhsh Mazari deceased. The petitioner having been dissatisfied by this order approached the Chief Land Commissioner, West Pakistan on a revisional application and the latter by his order datedthe2lstMay 1960, set aside the order of the Land Commissioner. The Chief Land Commissioner however, directed that, "if any of the co-sharers wish to contest the right of the petitioner to his share of the pro­perty it was for him to obtain such a decree from the competent Court." It has transpired, however, that the petitioner never made respondent No. 2, Mst. Anwar Khatoon or the Court of Wards as parties in the revision before the Chief Land Commissioner. It appears that Sardar Ghaus Bakhsh deceased also left two daughters, namely, respondent No. 2 and Mst. Hijab Khatoon. On the death of the propositus on the 31st October 1955, the Court of Wards had taken over the management of the property and the petitioner had succeeded in obtaining mutation of his share in his favour from the Assistant Collector on the 20th May 1957. Mst. Hijab Khatoon thereafter filed a declaratory suit challenging the said` mutation and asking for its cancellation. Respondent No. 2 filed an appeal from the order of the Assistant…

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