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SAID MUHAMMAD versus CUSTODIAN OF EVACUEE PROPERTY, AZAD JAMMU AND KASHMIR, MUZAFFARABAD

Section 3 of the Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974), section 42 (11) and 44 of the allotment of land allotment was allotted in the name of the appellants on 18 3 1971 and the appellant has 154 proprietary rights. Had received a transfer order. In 1993, however, the High Court vacated the appellants' allotment and directed the rehabilitation authority to assign land in favor of the respondents on the priority basis of their previous tenants, on which basis the High Court issued the allotment and Order for transfer of ownership rights was canceled. It was in favor of the appellants that the appellant was born in 1948 and he was included in his mother's family, for which he was not entitled to a separate allotment. The High Court did not take notice of the fact that the appellant. The contributor was not alone, but he was one of the members of the family whose mother was a migrant and said that the members in their decision jointly claimed the allotment as custodian's son of their refugee mother, Edwardio Properties. Did the appellant's mother file a statement in her statement that she was in old age, that she would be entitled to land in the name of her son? God wants the allotment, the High Court did not even consider this fact. Appellant's Allocation for Allotment of Persons who were not a refugee, although they cannot claim the benefits and waivers associated with the status of migrants, but, if there are children of a migrant, who, as in the present case, are eligible for the allotment. , And did not receive any benefit / permission to which they were entitled. And through a statement clearly stated that the allotment in the name of his son jobs for fresh advocates from Mehmood Kot lawyer