Law: Rehabilitation Resettlement Scheme, Punjab

Section: 46

Law: Constitution of Pakistan, 1962

Section: 98

(a) Rehabilitation Resettlement Scheme, Punjab-----   ----Part II, para. 46-Inheritance-Deciding devolution of rights in estate of deceased refugee owner-Rehabilitation Authorities, irrespective of any special law which governed parties in India, should deal with case as if rights in estate devolved under Shariat Law-Decision in accordance with directions laid down in Gazeteer of Hissar District-Held, erroneous-Gazeteer of Hissar District, Ch. III, p. 161.   Umar Draz Ali v. Khurshid Ali and others P L D 1960 Lah. 834 and Mst. Basso v. The Rehabilitation Commissioner and another P L D 1963 S C 347 ref.   (b) Constitution of Pakistan (1962)----   ----Art. 98-Res judicata-- High Court exercising writ jurisdiction arriving at erroneous finding on pure question of law and remanding case back for decision in accordance with such finding-Party aggrieved by fresh decision of Court below cannot, in such circumstances, reagitate afresh same question by another writ petition.   Taliamand and another v. Muhammad Din and others A I R 1930 Lah. 907; Muhammad Umar Draz Ali Khan v. Pirji Abdul Rashid A I R 1933 Lah. 606; Mst. Kanta Devi v. Sm. Kalawati and others A I R 1946 Lah. 419; Jharuram Das Monda v. Majar Muhammad Sheikh Fakir and others A I R 1944 Cal. 13 considered.   Lal Din v. Mst. Sardar Bibi and another P L D 1959 Lah. 616 rel.   Date of hearing: 15th February 1966.    JUDGMENT   The following pedigree-table will be helpful in understanding the relationship of the parties :-   Jhandey Khan | | Khuda Bakhsh | | -------------------------------- | | | | Imam Din Bholu | | | | --------------------------------- Mohd. Shaft alias | | | Leelu | | | | | Zaka-ud-Din Aziz-ud-Din. Shahab-ud-Din. | | Mohd. Rafique (Present Petitioner)     2. Muhammad Shafi alias Leelu held some land in District Hissar (East Punjab, India). He died during the disturbances and a question arose of sanctioning his inheritance for the purposes of giving allotment to his heirs. In the earlier round of litigation, the mutation was sanctioned in accordance with Shariat in the names of his son Muhammad Rafiq (the present petitioner), his…