Law: Succession Act, 1925

Section: 263,278

Law: Displaced Persons (Compensation and Rehabilitation) Act, 1958

Section: 16(A)

(a) Succession Act (XXXIX of 1925)--- ----Ss. 263 & 278---Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S.16(A)---Petition for grant of letters of Administration in respect of four plots left by deceased---Grant of such Letters by Court directing its Nazir to approach the Board of Revenue and effect mutation in name of persons specified therein---Application for revocation of such Letters filed by Evacuee Trust Property Board on ground that suit plots were leased out to deceased for 99 years under Scheme prepared under S.16(A) of Displaced Persons (Compensation and Rehabilitation) Act, 1958, but Supreme Court through its reported as 1978 SCMR 315 had declared that Evacuee Trust Property Board was not competent to lease out properties for 99 years under such Scheme, resultantly all leases for 99 years including leases of suit plots were cancelled---Validity---Neither deceased nor petitioners had paid lease money of suit plots nor they came into possession thereof nor challenged order of Evacuee Trust Property Board cancelling leases of suit plots---Such order of Evacuee Trust Property Board had not only attained finality 28 years before filing of such petition, but would be deemed to have been accepted by deceased---Supreme Court had declared suit plots as Evacuee Trust Properties, thus, deceased ceased to have any right, title or interest therein long ago---Suit plots were not available as estate of deceased for distribution amongst his legal heirs, thus, petitioners had no locus standi to seek such Letters in respect thereof---Petitioners' claim was based on misrepresentation of facts and they deliberately committed fraud upon court by pleading such facts which were not correct even to their own knowledge and also by concealing facts which were true, but were not disclosed by them before court---Court in such a case could suo motu initiate proceedings for revocation of such Letters, which could not be allowed to remain in field in view of such declaration of Supreme Court---High Court revoked such Letters and directed petitioners to surrender to Nazir within specified time original' and certified copies of revoked Letters of…

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