Case Details

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

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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