Law:

Section:

(a) Rehabilitation Settlement Scheme, para. 46-Refugee right- holder-Succession-Son of pre-deceased son-Held, entitled to succeed to property possessed by deceased refugee right-holder. (b) Pakistan Rehabilitation Act (XLII of 1956), S. 22 and Rehabilitation Settlement Scheme, para. 22-Para. 22 of Scheme not repugnant to but quite consistent with S. 22 of Act. (c) Limitation Act (IX of 1908), S. 14-Condonation of delay­-Review, petition filed before High Court delayed by 2 days-Petitioner found having been bona fide pursuing his remedy before other authorities, and spending some tune in obtaining copies of orders to be filed in High Court-Delay condoned. S. M. Masud, Advocate Supreme Court for Appellant. Malik Saeed Hasan, Advocate Supreme Court instructed by Abdul Razzak, Advocate-on-Record for Respondent No. 1. G. A. Gondal, Advocate Supreme Court instructed by Abdul Razzak, Advocate-on-Record for Respondents Nos. 2-14 and 16. Respondent No. 15 : Ex parte. Dates of hearing : 18th and 23rd November 1971. JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, in L. P. A. No. 125 of 1969, dated the 1st April 1969. By this judgment, the appeal was dismissed in limine. One Khuda Bakhsh, who died on the 27th June 1956, was a refugee right-holder and was allotted land in Chak No. 251/EB, Tehsil Pakpattan, District Sahiwal. Khuda Bakhsh had three sons and one daughter, namely, Abdul, Fatta, Bin Yamin and Mst. Parsan. Abdul died in the lifetime of the deceased. The appellant is the son of Abdul, a pre-deceased son of Khuda Bakhsh. After the death of Khuda Bakhsh, mutation of inheri­tance was sanctioned by the Assistant Rehabilitation Commissioner on the 31st August 1956 and the appellant was also given a share. This order was maintained by the Deputy Settlement Commissioner and the appeal was dismissed on the 19th March 1960. This order was challenged in revision before the Addi­tional Settlement Commissioner, who, by order dated the 23rd February 1961, held that the question of succession to Khuda Bakhsh was to be decided in accordance with the principles of Shariyat Law and the…

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