Law:

Section:

(a) Special Leave to Appeal to Supreme Court---Granted to consider whether High Court was justified in setting aside order of Rehabilitation Authority made within its powers and whether Rehabilitation Authority did not have exclusive jurisdiction in the matter. (b) Rehabilitation Resettlement Scheme (Punjab)-----, para. 46­Expressions "right-holders" and "deceased refugee owners", explain-ed-Succession to deceased "refugee-owners"-Rule prescribed by para. 46 (Shariat) to apply-Order of Rehabilitation Commissioner deciding case according to custom, in disregard of para. 46, amounts to error in law-Corrected by High Court in exercise of writ jurisdiction-High Court's order upheld by Supreme Court "Inheritance mutations"-Constitute a just and equitable "grant", and not a "devolution of estate left in India"-Constitution of Pakistan (1956), Art. 170-[Abdur Rashid v. Pakistan P L D 1962 S C 42 rel. and Umar Draz Ali v. Khurshid Ali P L D 1960 Lab. 834 approved.] JUDGMENT CORNELIUS, C. J.-This appeal by special leave raises a question of the right of a widow, whose husband and his father have been held to have died at the same time by violence in India before she crossed over into Pakistan, to claim an allotment of land in Pakistan under the Rehabilitation Resettlement Scheme on the basis that she is the sole heir of her husband's father. That would be the case under custom, although the interest, which she could take would terminate with her death or remarriage. The opponent in the case is one Badra, a solitary collateral of the deceased husband in the fifth degree. The mattes coming before a Deputy Rehabilitation Commissioner, has opined that the evidence on the point was interested and it was a difficult question to determine, but decided that Mst. Basso's father-in-law Sadhu and his five sons were all killed at one time, and therefore she was only entitled to the share of the property which was to be inherited by her husband, namely, Suleman. He accordingly awarded one-fifth of the right to Mst. Basso and the remaining four-fifths to Badra. This was done in appeal from an order of a Naib-Tehsildar who had awarded one-fourth to Mst. Basso and three-fourths to…

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