Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)--- ----S.161---Time-barred appeal---Maintainability---Appeal was filed after lapse of ten and eight years of passing of first and second mutation orders respectively---No explanation for. such delay having been offered on part of appellant, appeal was rightly dismissed being barred by time. her Muhammad v. Additional Rehabilitation Commissioner, Multan and others PLD 1968 Lah. 234; Additional Settlement Commissioner (Land), Sargodha v. Muhammad Shah and others PLD 1971 SC 791 and Muhammad Yaqoob v. Member, Board of Revenue, Lahore PLD 1973 SC 304 ref. JUDGMENT MUHAMMAD HUSSAIN ARIL KHATRI, J.---The case of the petitioner is that respondent No.4 (since deceased) was wife of one Sondha Khan, who had died issueless in East Punjab before Independence and, therefore, respondent No.4 acquired life interest in her husband's estate, situated in agreed area, namely Village Armad, Tehsil Thanesar, District Karnal, East Punjab, India, consisting of agricultural land. According to the custom and usage then prevalent, the said estate acquired as above by the said respondent, was to revert to the petitioners who are the collaterals and agnates of the deceased Sondha, on the death or remarriage of respondent No.4. After migration to Pakistan the petitioner and respondent No.4 filed their claims, in respect of the property of the deceased Sonda, which were duly verified alongwith that of the petitioners vide Fard-e-Haqiyat No.1126 by the Central Record Office, Lahore and was sent to District Sargodha for settlement, which was the original place of rehabilitation of respondent No.4, but as the entire claim could not be settled at Sargodha, the unsatisfied claim of respondent No.4, was sent to District Nawabshah, where she was allotted 195 acres of land situated in Delis Abji and Gejh of Taluka Naushero Feroze. The West Pakistan Muslim Personal Law (Shariat) Application Act (Act V of 1962), terminated all limited life estates, with immediate effect and the properties held as life estate reverted to the legal heirs of the last male owner, in accordance with Shariat, whereby 75 paisa share, in the property of the deceased devolved on…

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