Law:

Section:

Pakistan (Administration of Evacuee Property) Ordinance (XII of 1949), S. 12 and Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 25-Land, as long as it continues to retain its evacuee character, prior to conferment of permanent rights ­Cannot be amenable to jurisdiction of civil Courts, notwithstanding whether inheritance involved relates to deceased right-holder or deceased allottee. Mst. Zainab v. Mst. Raji and others P L D 1960 S C 229 ; Abdur Rashid v. Pakistan P L D 1962 S C 42 ; Muhammad Hassan v. Mumtaz Hussain P L D 1965 Lah. 35 and Ahmad Din v. Muhammad Shafi P L D 1971 S C 762 ref. ORDER ANWARUL HAQ, J.-The dispute in this case concerns the inheritance of evacuee land situate in Chak No. 209/R. B., Tehsil and District, Lyallpur, which was allotted under the Rehabilita­tion Settlement Scheme to a widow named Mst. Bago on her migration from India. She died in 1955, before permanent rights could be conferred upon her under the Displaced Persons (Land Settlement) Act, 1958. By an order made on 31st July 1956, the Deputy Rehabilitation Commissioner (Lands) directed that the land held by Mst. Bago should be mutated in the following manner.­ (i) Petitioners, Abdul Karim, Abdul Wahid, sons of the brother of the last male owner, Rahmatullah. 3/8th share (ii) The four respondents, sons of Rehmatullah's daughter Mst. Zainab. 1/2 share (iii) Personal heirs of Mst. Bago. 1/8th share Aggrieved by this order of the Deputy Rehabilitation Commissioner (Lands), the petitioners instituted a civil suit on 12-11-1956 for a declaration to the effect that they were entitled to 3/4 share in the property left by Rehmatullah, and consequent­ly in the lands obtained in lieu thereof in Pakistan by Mst. Bago. The petitioners asserted that the sons of Mst. Zainab had no claim whatsoever as she had predeceased her father, Rahmatullah. The suit was decreed by the trial Court, but in appeal the learned Additional District Judge held that the civil Court had no jurisdiction in the matter. This view has been upheld in second appeal by a learned Single Judge of the High Court. In support of the present petition for special leave to appeal, it is contended that the learned…

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