Law:

Section:

(a) Civil Procedure Code (V of 1908)-- S. 9-Jurisdiction-Deceased paying full fee consequent upon allotment of land by Rehabilitation Authority and becoming a confirmed allottee-Deceased's name appearing in ownership column without any reference to Rehabilitation Commissioner or Central Government-Jurisdiction of civil Court to entertain dispute with regard to such property, held, not barred.--[Jurisdiction]. Mst. Ghulam Fatima v. Muhammad Hussain and others P L D 1976 S C 729 rel.. (b) Civil Procedure Code (V of 1908)-. S. 100-Finding of fact-Lower Appellate Court misreading record and omitting to consider circumstances and assertion of appellants rightly-Held, no sanctity to be given to such finding of fact--Open to High Court to assess evidence and appreciate same in second appeal.--[Finding of fact]. Dates of hearing: 15th, 18th, 22nd and 25th March, 1980. JUDGMENT AFTAB HUSSAIN, J: The respondents' suit for possession of the property left by Karam Illahi in their capacity as his heirs was dismissed by the learned trial Court on 25th July, 1975, but that judgment and decree was set aside by the learned Additional District Judge, Sheikhupura, on 23rd June, 1976. 2. Hence this second appeal. 3. The property in dispute was admittedly allotted under the Rehabilitation Settlement Scheme to Karam Illahi who died on 13th November, 1956, without leaving any issue. On 12th January, 1957, the Patwari made an entry of Mutation No. 136 (Exb. P. B.) at the instance of Muhammad Sharif who claims to be a brother's son of Karam Illahi. By this mutation, which was attested on 7th February, 1957, the property of Karam Illahi was mutated, as having devolved upon Muhammad Sharif, as a brother's son and Mst. Jainan as widow of Karam Illahi. It is, however, worth noticing that this mutation was attested on the statement of the Lambardar, in the absence of Muhammad Sharif as well as Mst. Jainan. On 19th September, 1961, a report for review of this mutation was made on the ground that Muhammad Sharif was not connected with Karam Illahi. Reference for review was made by the Assistant Collector on 23rd September, 1961, to the Collector who refused to grant permission to review vide…

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