Law: Qanun-e-Shahadat Order, 1984

Section: 115

Law: Civil Procedure Code (V of 1908)

Section:

Brief Facts

• Revision-petitioners filed a suit for declaration and permanent injunction, claiming 2/3rd share in 60 Kanals 5 Marlas of land allegedly allotted to:
  Muhammad Ismail, Mst. Kolan Bibi, Abdul Rauf, Mukhtar Ahmad, and Mst. Sardaran Bibi (refugees from Jammu & Kashmir).
• Land was allotted as temporary guzara allotment (subsistence allowance).
• Trial Court decreed the suit (16.02.2007).
• Appellate Court reversed and dismissed the suit (17.11.2009).
• Petitioners filed the present Civil Revision.

Court’s Findings

1. Misreading of Evidence—Petitioners’ Own Contradictions

Petitioners changed their stance during cross-examination:

• Suit claimed 5 co-allottees,
• PW-1 said land allotted to only three people,
• PW-2 gave a third version (land allotted to Abdul Rauf, Sardaran, Mukhtar).
• Their statements contradict their own pleadings, undermining their case.

2. Inheritance of Guzara (Temporary Allotment) Land

• Record shows Muhammad Ismail (d. 1962) and Mst. Kolan (d. 1967) held temporary allotment only, not permanent proprietary rights.
• Guzara allotment is non-transferable, non-heritable, and exists only for subsistence of the family unit.
• No permanent rights were conferred upon the predecessors of petitioners.

3. Legal Position on Temporary Allotment (Guzara)

• Court relied on consistent Supreme Court and High Court precedents:

(i) Fateh Muhammad v. Ajaz Din (1995 SCMR 883)

Held:

• Temporary guzara allotment is not inheritable.
• A claimant cannot claim share unless permanent rights exist.
• Temporary allotment: “petitioner had no right to claim share in it.”

(ii) Kala v. Kamo Begum (2013 SCMR 1558)

Held: