Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)-----S. 10-Heirs of one of joint holders of land entering into com­promise and allowing respondents to keep land in dispute to extent of their share-Another joint holder, held, not an aggrieved party and had no locus standi to contest order passed pursuant to such agreement-Such other joint holder could at best ask for partition of property in appropriate proceedings. JUDGMENT HAMOODUR RAHMAN, C. J.--The petitioner and his brother Manzoor Hussain, who has since died, were jointly allotted some agricultural lands in village Qanungo, Tehsil Nankana, District Sheikhupura. Since they were also petty landowners, they obtained allotments of 15 acres in the Thai area also. After this allotment in the Thal area, the allotment of the evacuee land in village Qanungo was, on the report of the patwari cancelled by the Deputy Rehabilitation Commissioner (Land) and allotted to the respondent Rehmatullah. The petitioner and his brother challenged the cancellation on the ground that this cancellation was made without giving them any opportunity of being heard. The appeal was dismissed by an Additional Settlement Commissioner, but on revision, the Settlement Commissioner, by his order of the 6th of December 1965, accepted their contention and restored their allotment. Feeling aggrieved, the respondent invoked the writ jurisdiction of the High Court, but the same was dismissed in limine. On a Letters Patent appeal, a Division Bench of the Lahore High Court agreed with the learned Single Judge and held that the appeal was liable to be dismissed, but the benefit of this dismissal was denied to the heirs of Manzoor Hussain for the reason that they bad not contested the appeal. It was contended on behalf of the present petitioner, that notwithstanding this the appeal should stand dismissed in entirety in favour of the petitioner. It appears that the High Court adopted this curious procedure, because, it was pointed out before the High Court on behalf of the respondent that the heirs of Manzoor Hussain had settled their dispute outside the Court and had allowed the respondent to keep the land in dispute with him to the extent…

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