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Constitution of Pakistan (1973)---Art. 185(3)--Colonization of Government Lands (Punjab) Act (V of 1912), Ss. 19 & 19-A---State land--Allotment to ejected tenant--Succession to deceased tenant's right--Will of deceased bequeathing his property in favour of petitioner made at time when State land stood resumed by Government--- Land restored to allottee after his death--Held, petitioner could not claim ownership of or right to suit land in circumstances of case--Leave to appeal refused. Ch. Muhammad Hasan, Advocate Supreme Court and Rana Maqbool Ahmad, Advocate-on-Record for Petitioner. Ch. Khalil-ur-Rehman, Senior Advocate Supreme Court and Sh. Salahuddin, Advocate-on-Record for Respondent. Date of hearing: 10th April 1984. ORDER NASIM HASAN SHAH, J-- One Lal Din son of Rahim Bakhsh was given, in his capacity as an ejected tenant, a temporary allotment of State land measuring 43 Kanals 3 Marlas. This land however, was resumed by the Collector, Faisalabad vide his order, dated 18-5-1966. The appeal and the revision against the aforesaid order of resumption before the Commissioner and the Member, Board of Revenue, having failed he filed a writ petition in the Lahore High Court, which was ultimately allowed and the case remanded to the Member, Board of Revenue for decision afresh. In the meantime, Lal Din died on 19-7-1970. Pursuant to the remand order made by the High Court, the Board of Revenue, by its order dated. 2-6-1971, found the order of resumption to be unjustified and held that Lal Din was entitled to its restoration. A question then arose as to who were his heirs, so as to be benefited by the order passed by the Member, Board of Revenue. The petitioner, admittedly, was not an heir of Lal Din but claimed that the deceased had, by a Will dated 18-10-1969, bequeathed his entire property including the rights in the above State land in his favour. He, therefore, filed a suit for a declaration that he was owner in possession of the suit land. This suit was resisted by the respondent, who claimed to be the daughter of Lal Din. The learned trial Court dismissed the suit of the petitioner on 27-1-1976. His appeal was dismissed on 30-7-1976 by the learned…

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