| Citation(s) |
|---|
| 1980 SLD 3078 = 1980 CLC 175 |
Lahore High Court
Writ Petition No. 953JR of 1978, decided on 23rd April, 1979.
Presented By: Gut Muhammad Khan and Abdul Shakurul Salam, JJ
Ch. Antjad Khan for Petitioners. M. .N. Javed Butter for
Respondents Nos. 4 to 12. Name for the Department.
Writ Petition No. 953JR of 1978, decided on 23rd April, 1979.
Presented By: Gut Muhammad Khan and Abdul Shakurul Salam, JJ
Ch. Antjad Khan for Petitioners. M. .N. Javed Butter for
Respondents Nos. 4 to 12. Name for the Department.
ALLAH DITTA AND 17 OTHERS-Petitioners
VERSUS
CUSTODIAN OF EVACUEE PROPERTY AND 11 OTHERS-Respondents
Law: Custom (Punjab)-Punjab Laws Act (IV of 1872)
Section: 2
Law: Punjab Limitation (Custom) Act, (I of 1920)
Section: 8
Law: Custom (Punjab)-Power to contest (Act II of 1920)
Section: 6
Punjab Laws Act (IV of 1872) S. 2 read with Punjab Limitation (Custom) Act (1 of 1920), S. 8 and Punjab Custom (Power to Contest) Act (11 of 1920), S. 6--One S selling out his land to C but on declaratory suits being filed by H claiming to be a reversioner of S, suits decreed and declaration made regarding sale being ineffective as against reversionary rights of Land however remaining in possession of purchaser (a Hindu, later an evacuee) dying after migration of purchaser and becoming an evacuee and land allotted to petitio ners as refugee-Held : Snit for declaration by reversionet being representative suit decision in suit bound as well as benefited reversioner qua whom property was ancestral,-Fact of contestint respondent (son of S), having been born after sale-Makes no difference-Decree-holder and other heirs living at time having not ratified sale before contesting respondent's birth-, contesting respondent actual and only reversioner when succession opened on death of his father-Rights of petitioners as allotees confined only to hold evacuee's rights of possession till lifetime of S and pro perty reverted to reversioner without any encumbrance. Jowala v. Hd'ra Singh and others 55 P R 1903 ; Barkat Bibi and another v. Sardar Khan and others P L D 1966 Lab. 47 ; Mst. Fattan Bi and 2 others v. Fateh Muhammad and G others P L D 1974 Lab. 458 ; Firm Chuni Lal-Rali Ram v. .4ttaf ur-Rahrnan and others A I R 1939 Lab. 290 ; Ranodip Singh and others v. Parmeshivar Pershad and others A 1 R 1925 P C 33 ; Kunwar Dharu lndar Pal Singh through Rani hfalwindar Kaur v. Firm lhi.yri Das Sohan Lai Bankers of Gujranwala through Jangi Lai and others A I R 1943 Lab. 281 ; Sred Ali Abbas and others v. Vishan Singh and others P 1. D 1967 S C 294 ; Afst. Rehmat Bibi and others v. Ibrahim P L D 1966 S C 349 ; Rehman v. Suraj Mat A T R 1945 Lab. 76 and Muhammad Khan's case P L D 1962 S C 384 ref. Dates of bearing : 10th and 17th March, 1979. …