Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--- Ss. 10 & 11--Heirs of allottee of land in respect of land claim-Bach one entitled to a proportionate share in entire allotment-­Order, in effect, compensating an heir for what was denied to him out of allotment, or its sole proceeds, as co-sharer-Held, eminently just and proper. JUDGMENT MUHAMMAD GUL, J.-This leave petition is from the judgment of the Lahore High Court dated the 19th February 1975 dismissing Writ Petition No. 28/R-72/BWP by the petitioners herein, in the circumstances set out below. One Mst. Banno widow of Chaju Khan, a displaced persons from "agreed area" filed her claim in Chak No. 26 G. B. Tehsil and District Lyallpur, which incidentally is a "congested area." Her claim was verified for 3089 P. I. Units and land equivalent to 173:' P. I. Units was also allotted in her name in Chak No. 26 G. B. at R. L. II761. The remaining 1315 units were transferred to village Wahid Bakhsh Lar, Tehsil Sadiqabad, District Rahim Yar Khan on 23-1-1958 and the same were satisfied in that village on 29-10-1958 at R. L. II-9. Mst. Banno having died in the meantime, a mutation of inheritance was entered in Chak No. 26 G. B. and attested in favour of her various heirs as follows; (1) Mst. Jannat (Daughter of deceased) = 9/16=1759 P. I. U. (2) Boota (brother of deceased)= 1/16=194 P. I U. (3) Rabu Khan (nephew of Chaju Khan, deceased's husband)=6/16=l956 P.I.U. Mst. Jannat also died in the meantime and the petitioners herein are her heirs under the Muslim Law of Inheritance. Babu Khan is respondent 1 herein. After the death of Mst. Banno, the A. R. C. (L). Lyallpur, by order dated 17-11-1958, out of the area initially confirmed to Mst. Banno, de-confirmed an area equivalent to 756 P. I. Units on the ex jade mistaken view that Boota Khan and Babu Khan respondents not being sitting allotees in the Chak could not have been allotted land in respect of their shares in tine inheritance to Mst. Banno the deceased right-holder. Neither Boota Khan and Babu Khan went in appeal and the matter rested at for the time being. Boots Khan cook: his units elsewhere and does not figure in this litigation. The heirs of Mst.…

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