Case Details

Citation(s)
1972 SLG 285 1972 SLD 285 1972 SCMR 523
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 495 of 1972 decided on 24th November 1972
WAHEEDUDDIN AHMAD AND SALAHUDDIN AHMED, JJ
Ch. Ghazanfar Ali Gondal, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate-on-Record for Petitioners. Nemo for
Respondents.

FAZAL MUHAMMAD AND others

VS

SETTLEMENT COMMISSIONER (L), SARGODHA DIVISION AND others--Respondents

Law:

Section:

Displaced Persons (Land Settlement) Act (XLYII of 1958) and Constitution of Pakistan (1962), Art. 98 -Agricultural land allotted in lieu of such fan abandoned in India-Heirs of deceased allottee entitled to share in such land-High Court, in writ petition, justified in considering entitlement of each heir to his share in land of deceased arid to remand case to Settlement Authorities for settlement of claims. ORDER WAHEEDUDDIN AHMAD, J.-The dispute between the parties is in respect of agricultural land abandoned by one Noor Muhammad who died in India. Respondents Nos. 4 to 6 and Mst. Aisha Bibi widow, are legal heirs of the said deceased Noor Muhammad. After Independence, they settled in Chak No. 219/J. B. Tehsil and District Jhang. His widow Mst. Aisha Bibi, filed claim in respect of her share. This claim was verified and soma land was allotted in her favour in Chak No. 219/J. B. Tehsil and District Jhang. Wali Muhammad who was the brother of deceased Noor Muhammad, filed a claim in respect of the same land left by Noor Muhammad. Wali Muhammad was entitled to 3/8th share in the estate left by Noor Muhammad, but the entire land was erroneously verified in favour of Wali Muhammad against his claim. The petitioners made an applica­tion to the Settlement authorities that Wali Muhammad is in possession of excess land. An enquiry was made by the Deputy Settlement Commissioner (Land), Tehsil Toba Tek Singh, who accepted the claim and cancelled the land held by Wali Muhammad, by his order dated the 10th July 1963. The matter was taken in revision but the same failed. The petitioners were allotted the land cancelled from the name of Wali Muhammad in Chak No. 292/J.B. and Chak No. 293/J. B. respectively. Thereafter, respondents Nos. 4 to 6, moved Miscellaneous application before the Deputy Settlement Commissioner, Toba Tek Singh for cancellation of the land from the names of the petitioners on the ground that the land which was allotted to Wali Muhammad was allotted in lieu of the land left by Noor Muhammad their predecessor-in-interest. This application was accepted by the Deputy Settlement Commissioner, by order dated the 19th May 1965. The matter was taken in revision…
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