Law: Evacuee Property and Displaced Persons Laws (Repeal) Act, 1975

Section: 2

Evacuee Property and Displaced Persons Law (Repeal) Act (XIV of 1975)--- ---S.2---Rehabilitation and Settlement Scheme 1956, para. 4-A(ix)---Memo. No.1740/2549-78, dated 21-11-1978---Temporary allotment for subsistence-- Land in question was temporarily allotted for subsistence purposes to petitioner and her deceased husband---Government subsequently while deciding to give proprietary rights to Jammu and Kashmir refugees directed that proprietary rights of temporarily alloited land be granted in the names of all members of family indicated in the allotment chit---Petitioner being allottee and member of the family was thus entitled to get one-half of the landed property---Out of remaining half of her husband who had died petitioner as widow of deceased was entitled to 1/8th share thus bringing her share to 9/16th of the property-- Deceased's daughter was entitled to 4/16th share of the whole property while his Collaterals were entitled to 3/16th of the property---Order of Assistant Collector specifying such shares was in accordance with law---Decisions of Collector and Additional Commissioner were set aside and that of Assistant Collector was restored. Manzoor Hussain Chaudhry for Petitioner. Muhammad lqbal Akhtar for Respondents Nos. 1 to 1'2. Date of hearing: 24th December, 1989. ORDER Brief facts of the case are that Hakam Din refugee from J & K died on '17-11-1975. His inheritance Mutations Nos. 5357 and 5358 were sanctioned on 18-Z-1979 in favour of Dil Bibi widow petitioner and Mst. Shamim Akhtar daughter. The predecessor-in-interest of the respondents filed an application to the District Collector for the review of above said mutations on the ground that according to Shariat Act, Mst. Dil Bibi widow was entitled to 1/8th share and her daughter to 7/16th share and the remaining will go to the collaterals-respondents. The Collector vide his order dated 2-4-1985 allowed the review of mutations on the ground that respective shares of the parties were not correctly recorded. On remand, Tehsildar/A.C. I, Chakwal sanctioned fresh Mutations Nos. 5817 and 5918 on 19-10-1985 in favour of Dil Bibi and others wherein 9/16th share was given to Dil Bibi…