| Citation(s) |
|---|
| 1991 SLG 1647 1991 SLD 1647 1991 CLC 217 |
Board of Revenue, Punjab
R.O.R. No. 56 of 1987, decided on 26th December, 1989
MALIK ABDUL MAJEED MEMBER
Ch. Wali Muhammad for Petitioner. Syed Altaf Hussain Shah for
Respondents No. 1 to 3
R.O.R. No. 56 of 1987, decided on 26th December, 1989
MALIK ABDUL MAJEED MEMBER
Ch. Wali Muhammad for Petitioner. Syed Altaf Hussain Shah for
Respondents No. 1 to 3
NOORAHMAD
VS
FAZAL AHMAD and others
Law:
Section:
Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act (XXV of 1975)--- ----X. 3---West Pakistan Land Revenue Act (XVII of 1967), S.164---Displaced Persons (Land Settlement) Act (XLVII of 1958), S.10---Challenge to alienation or order of succession with regard to property allotted to a refugee female in lieu of property abandoned by her in India---Limitation---Person aggrieved by such alienation or succession with regard to property allotted to a refugee female or to such property to which she was entitled as a limited owner under custom, could call in question within one year of commencement of Act XXV of 1975---Persons having failed to avail such right at proper time i.e. within one year would be debarred from claiming their rights/share out of such property---Collector's order was restored and that of Additional Commissioner was set aside in revision. P L D 1987 Lah. 553 and P L D 1978 Lah. 483 ref. ORDER This is a revision petition filed against the order dated 3-1-1987 of the Additional Commissioner (Revenue), Lahore wherein appeal of the respondents was accepted. 2. Briefly stated the facts relevant to the case are that Mst. Nawab Bibi transferred 62K-17M land in village Raiwind, Tehsil Lahore City in favour of petitioner through a registered gift deed No. 26204 dated 18-11-1984 and possession was :also delivered. The petitioner submitted original gift deed to the field staff for catering mutation. Instead AC-II vide his order dated 21-3-1985 sanctioned inheritance Mutation No. 8834 wherein 1/4th share was given to Nawab Bibi and 3/4th share to respondents Nos.1 to 3 being reliquaries of the last full owner, after declaring Mst. Nawab Bibi as limited owner. The petitioner went in appeal before the Collector who vide his order dated 5-5-1986 accepted the same. Thereafter, the respondents Nos.l to 3 lodged an appeal before the Additional Commissioner who vide his impugned order, upheld the order of AC11 dated 21-3-1985. Hence this revision petition. 3. I have heard the parties. Learned counsel for the petitioner has contended that the Additional Commissioner has erred in law in holding Nawab Bibi a limited owner. On the promulgation…
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