Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1950, Ss. 15 & 16-Woman allotted land in lieu of property owned by her its a widow of her husband in India---Land allotted and confirmed are her name would devolve (on :her death) on heirs of last male owner (her husband), Additional Settlement Commissioner (Lands), Sargodha. v. Muhammad Shafi and others P L D 1971 S C 791 ref. JUDGMENT SALAHUDDIN AHMED, J.-Mst. Janatun Nisa, sister of peti­tioner Mst. Najabun Nisa had owned agricultural lands in India as widow of one Abdul Haleem. On migration she was allotted evacuee lands in two separate villages, Kadhanwala and Mandi Bahauddin, in Tehsll Phatia, District Gujrat, against her verified claim. The lands were, thereafter, confirmed in her name. She died on the 12th January 1963. Mutation of inheritance No. 3051 pertaining to the lands in village Kadhanwala was sanctioned on the 17th April 1967, by the Assistant Commissioner. In this mutation Mst. Janatun Nisa was treated as a limited owner and the lands were distributed among several heirs of the last male owner, Abdul Haleem (deceased). The petitioner claimed that Mst. Janatun Nisa was a full owner and the petitioner was her sole heir, and she, accordingly, preferred an appeal before the Collector which was dismissed. Her second appeal before the Additional Commissioner (Revenue), however, succeeded, and Mst. Janatun Nisa was held to be full owner, and the petitioner to be her sole heir. Respondents Nos. 1 to 3 and some others claimed to be collaterals of the deceased husband of Mst. Janatun Nisa, who had died in India in the year 1920. They went up in revision before the Member, Board of Revenue, but failed. As regards the lands in village Mandi Bghauddin mutation of inheritance bearing No. 6949 was sanctioned on the 22nd May 1969, whereby Mst. Janatun Nisa was treated as full owner, and the petitioner was held to be her sole heir. This mutation was not challenged in appeal or revision by the said respondents and it attained finality. In 1971, however, the said respondents approached the High Court on a Constitution petition (Writ Petition No. 673 of 1971.) under Article 98 of the 1962-Constitution, and for…

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