Case Details

Citation(s)
1994 SLG 624 1994 SLD 624 1994 SCMR 570
Supreme Court of Pakistan
Civil Appeal No. 54 of 1980, decision dated: 21st January, 1991
NASIM HASAN SHAH AND RUSTAM S. SIDHWA, JJ

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Mst. SUFAIDI

KANNI

Law:

Section:

Displaced Persons (Land Settlement) Act (XLVII of 1958)--Ss. 10 & 11---Allotment of land to one of heirs of deceased claimant--­Order of allotment made on 16-5-1974 was not specifically challenged by other heir (petitioner) ---Allotment in favour of respondent (leaving out appellant) though seemed to be unfair but was not unwarranted in law for under the order of Deputy Settlement Commissioner heirs of deceased claimant were to be given his land in accordance with Shariat and allottee was in fact one of his heirs as well---Such question could have been settled only if petitioner had challenged the order in question---Appellant having not challenged order in question, it could not be assumed that respondent was not entitled to inherit deceased claimant. JUDGMENT NASIM HASAN SHAH, J.---The dispute in this appeal relates to the land measuring about 21 kanals comprised in Khasra Nos.2, 9 and 12 of Square No.200 in Village Bahawal Garh Autar, Tehsil Lodhran, District Multan. This land was allotted to respondent No.l Kanni vide order dated 16-5-74 and the question is whether the appellant (Mst. Sufaidi) is in fact, entitled to this land? Khasra Nos.2, 9, 10/1, 11, 12 and 20/1 Square No.200 were previously allotted to Mangli deceased, the father of Mst. Sufaidi. As in the incomplete Jamabandis received from India, Mangli was not shown as having abandoned any land, the said area was withdrawn from him and allotted on 12-3-1965 to one Ghosi, son of Nathu by the Asstt. Settlement Commissioner. Against the said allotment Hassan Khan filed an appeal in the Court of the Deputy Settlement Commissioner (Land) which was accepted on 19-3-1966. The son of Ghosi namely Sagroo challenged the said order by filing a revision which was decided on 21-2-1973 on the basis of a compromise between Hassan and Sagroo who had colluded between themselves to get the land in question. In the meanwhile, it seems that the complete Jamabandis had arrived showing that Mangli had, indeed, abandoned some land in East Punjab. Consequently, Kanni and Allah Bakhsh, respondents Nos.l and 2, who are nephews of Mangli deceased, challenged the order dated. 21-2-1973 before the Settlement Commissioner,…
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