Law:

Section:

Rehabilitation Settlement Scheme Para. 50-Mutations decided ex parte in India-Orders passed in mutations showing that authorities did not try to resolve questions involved-Orders passed by Settlement and Rehabilitation authorities declared to be without lawful authority in circumstances of case-Case sent back for decision to authority appointed under Evacuee Property and Displaced Persons La% s !Repeal) Act (XI V of 1975).-[Mutation]. Date of hearing : 9th June 1975.                                                                                                              JUDGMENT One Ramzan, last male-holder of the property in dispute, died in India in 1945 leaving behind two widows Mst. Sagheeran and Mst. Siddiqan. They are stated to have succeeded Ramzan to equal shares vide mutation No. 937. In 1946 mutation No. 955 was entered on a Report No. 299 dated 15th May 1946 made by Babu Khan, petitioner, saying that as Mst. Sagheeran had remarried, her share in the inheritance of Ramzan be cancelled. Another Mutation No. 968 with regard to the sale of the half share of Mst. Sagheeran measuring 112 Bighas 16 Biswas on the basis of a sale-deed dated 3rd September 1946 was also entered in favour of respondents Nos. 5 to 28. A third mutation No. 969 with regard to 18 Biswas as a gift on behalf of Mst. Sagheeran in favour of respondents Nos. 5 to 28 was also entered in 1946. All the three mutations referred to above were rejected in the year 1949 in the absence of the parties who had already migrated to Pakistan due to Partition of the sub-continent. 2. Respondents Nos. 5 to 28 submitted claim No. 2306 regarding the share of Mst. Sagheeran on the basis of registered sale-deed referred to above. That claim was returned as no land was verifiable thereon. Claim No. 813 submitted by Allah Dia petitioner, which is with regard to the property of Mst. Sagheeran was verified. Consequently two Fard Haqiats…