Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Land Reforms Regulation, 1959 [M.L.R. 64]--Para. 23--Constitution of Pakistan (1973), Art.185(3)--Joint holding--Partition of such land carried out and completed vide mutation in 1962--Record showed that partition of 45 Kanals of land had taken place which was obviously in contravention of para. 23 of M.L.R. 64; which provided that joint holding with an area equal to, or less than that of subsistence holding, should in no circumstances be partitioned--High Court's finding with regard to the jurisdiction of Civil Courts, whether the partition was not volatile of M.L.R. 64, in view of Notification No.SR-2104/59/3194-LC, dated 28th July, 1959, being question of public importance amongst others, needed consideration--Leave-to appeal was thus granted. Ch. Khurshid Ahmad, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Petitioner. Raja Dilshad A.Khan, Advocate Supreme Court for Respondents. Date of hearing: 27th February, 1989. ORDER USMAN ALI SHAH, J.--The petitioner seeks leave to appeal against the order of the Lahore High Court, Lahore, dated 1-11-1988, passed m R.S_A. No.68 of 1973. One Nizam Din the original owner of the property in dispute had three sons: namely, Abdullah, Faizullah and Rahmatullah. On his death the sons received their equal shares in the property under dispute. On their death the property devolved in equal shares to Chanandin, Mst. Omar Bibi and Mst. Allah Rakhi. Mst. Allah Rakhi sold her 1/3rd share to Chanandin, father of the Rahim Bakhsh petitioner herein and thus he became the owner of the 2/3rd share of the ancestral property, while out of the share of Mst. Umar Bibi, 1 kanal and 15 marlas was acquired by the local authorities and the petitioner Rahim Bakhsh remained in the exclusive possession of Khasra No.1402 measuring 4 kanals and 11 marlas. The respondents asked for the partition of the ancestral land which was carried out and completed -ide Mutation No.1732, dated 30-7-1962 Rahim Bakhsh petitioner herein…

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