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Co-operative Society Act, 1925 (VII of 1925)-- ----S. 27--Bye Laws of Society--Constitution of Pakistan, 1973--Art. 185(3)--Leave to appeal--Entitlement of proprietary rights--Muslim Personal law of inheritance--State land was allotted who was member of Co-operative Farming Society--Predecessor in interest of respondents--Eligible for grant of proprietary rights--Interest and rights in land in-question stood devolved upon his legal heirs under the Muslim Personal Law of inheritance--Held: Nomination of the appellant would not by itself deprive his legal heirs to inherit the estate of deceased--Provisions of S. 27 of the Co-operative Society Act, 1925 and bye laws of the Society would not be construed so as to exclude the application of Muslim Personal Law of Inheritance--Appeal was dismissed. [P. 766] A Judgment Faqir Muhammad Khokhar, J.--This appeal, by leave of the Court, is directed against judgment dated 27.11.1998, passed by a learned Single Judge of the Lahore High Court, Multan Bench, whereby Writ Petition No. 686 of 1975 of late Mst. Ghulam Fatima and Respondents No. 2 to 4 was allowed. Consequently, the orders dated 20.2.1975, 16.7.1973, 1.3.1975 and 23.7.1974, respectively passed by the Board of Revenue, Punjab, District Collector, Additional Commissioner, and Assistant Collector-II Multan, were declared to be without lawful authority and of no legal effect while upholding the order dated 24.7.1971, passed by the Additional Commissioner, Multan Division. 2. One Faiz Bakhsh, predecessor-in-interest of Respondents No. 1 to 4 and 7, being a Member of Co-operative Farming Society of Chak No. 4 Faiz, Tehsil and District Multan, was allotted by the society the State land in dispute measuring 100 kanals in the said Chak. The Colony Assistant/Collector, Multan, vide order dated 24.4.1965, declared him eligible to acquire proprietary rights of the land. He nominated his real son Bashir Ahmed as his successor, who passed away. Thereafter, he nominated the appellant, who was the son of his real brother Noor Muhammad, the Respondent No. 7. The original allottee Faiz Bakhsh passed away on 20.1.1967. He was survived by a widow late Mst. Ghulam Fatima and three…

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