Law:

Section:

Colonization of Government Lands (Punjab) Act (V of 1912)--S. 19-A--cooperative Societies Rules, 1927, R.8---Constitution of Pakistan (1973), Art. 185(3)---Allotment of land by Cooperative Society to deceased predecessor of plaintiff---Such land after death of deceased (allottee) was allotted to his nominee---Plaintiff claimed land in question, on basis of inheritance while defendant claimed the same on basis of his nomination by deceased---High Court on basis of earlier of Supreme Court (1990 SCMR 868) had correctly , found that import of law of succession could not be frustrated by act or omission ;: of functionary of State and that allotment made in favour of nominee of deceased c was void al, initio and could not stand test of judicial scrutiny---High Court had `;n taken correct view in the light of S. 19-A, Colonization of Government Lands (Punjab) Act, 1912 and the of the Supreme Court---Leave to appeal was refused in circumstances. Mst. Amtul Habib and others v. Mst. Musarrat Perveen and others PLD 1974 SC 185; Fazal Shah v. Muhammad Din and others 1990 SCMR 868 and PLD 1974 SC 185 rel. Hassan Ahmad Khan Kanwar, Advocate Supreme Court for Petitioner. Nemo for Respondents. Date of hearing: 20th October, 1997. ORDER NASIR ASLAM ZAHID, J.---This petition has been filed seeking leave to appeal against the impugned judgment dated 6-2-1997 of the Lahore High Court whereby the civil revision filed by the petitioner/defendant has been dismissed. We have heard Mr. Hassan Ahmad Khan Kanwar, learned Advocate Supreme Court for the petitioner and, with his assistance, referred to the relevant record. 2. The dispute relates to land allotted to deceased Muhammad Bakhsh son of Zangi in Chak No.32/W.B. Tehsil and District Vehari under the Cooperative Farming Scheme. Muhammad Bakhsh died in 1953 and the suit land was allotted to his son Abdul Razzaq who was enlisted as member of the Society on 19-3-1954. Plaintiff Mst. Salaman Bibi is the daughter of the deceased and real sister of Abdul Razzaq. Abdul Razzaq died issueless on 14-12-1958. The Cooperative Farming Society, after the death of Abdul Razzaq, allotted the land to Sher Muhammad who was one of the defendants but…

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