Law:

Section:

(a) Rehabilitation Settlement Scheme--- ----Para. 7(5)---Minor's relationship with person holding allotment ---Effect--­Minors were to be considered as allottees in the area in which their relatives were holding allotments---Respondent allottee's relationship holding allotment in particular area stood established from the pedigree table produced in previous petition filed by the petitioner himself as also from the pedigree table annexed with the present petition wherein he was shown to be allottee's brother's son---Respondent whether to be treated as a sitting allottee under para. 7(5), Rehabilitation Settlement Scheme. Provision of para. 7(5) Rehabilitation Settlement Scheme is a beneficial provision intended to rehabilitate and settle the refugees in compact families. Respondent allottee was admittedly minor at the time of Partition as well at the time when claim was submitted and verified. This claim remained pending satisfaction throughout since 1952. Had the allotment been made earlier, the question that respondent allottee was not a minor could, admittedly not be raised. Merely because the allotment was made in the year 1963 and the Authorities were not in a position to satisfy the claim earlier, would not furnish sound basis to refuse settlement of respondent alongwith his other family members in the same village. The consistent practice of the Settlement Department was to interpret the laws on the subject with reference to the position obtaining in the year 1947. Moreover, the use of the word "for the purpose of allotment" in the sub-para would indicate that it was not the time of allotment that was to be considered as an overriding factor. Respondent could take benefit of the provision of para. 7(5) of the Scheme. (b) Rehabilitation Settlement Scheme--- ---- Para. 7(5)---Transfer of Property Act (IV of 1882), S.41---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction, exercise of---Respondent when minor had been allotted land in question, which was valid and in accordance with provisions of para. 7(5), Rehabilitation Settlement Scheme--­Interference with such allotment was not warranted---Respondent allottee having sold land in…

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