Find a Lawyer

Civil Petition for Special Leave to Appeal No. 495 of 1972 decided on 24th November 1972.

(On Appeal .from the judgment and order of the Lahore High Court, dated the 4th July 1972, in Writ Petition No. 321/R of 1967).

Displaced Persons (Land Settlement) Act (XLYII of 1958)

and Constitution of Pakistan (1962), Art. 98 ‑Agricultural land allotted in lieu of such fan abandoned in India‑Heirs of deceased allottee entitled to share in such land‑High Court, in writ petition, justified in considering entitlement of each heir to his share in land of deceased arid to remand case to Settlement Authorities for settlement of claims.

Ch. Ghazanfar Ali Gondal, Advocate Supreme Court instructed by S. Wajid Hussain, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing : 24th November 1972.

The dispute between the parties is in respect of agricultural land abandoned by one Noor Muhammad who died in India. Respondents Nos. 4 to 6 and Mst. Aisha Bibi widow, are legal heirs of the said deceased Noor Muhammad. After Independence, they settled in Chak No. 219/J. B. Tehsil and District Jhang. His widow Mst. Aisha Bibi, filed claim in respect of her share. This claim was verified and soma land was allotted in her favour in Chak No. 219/J. B. Tehsil and District Jhang. Wali Muhammad who was the brother of deceased Noor Muhammad, filed a claim in respect of the same land left by Noor Muhammad. Wali Muhammad was entitled to 3/8th share in the estate left by Noor Muhammad, but the entire land was erroneously verified in favour of Wali Muhammad against his claim. The petitioners made an applica tion to the Settlement authorities that Wali Muhammad is in possession of excess land. An enquiry was made by the Deputy Settlement Commissioner (Land), Tehsil Toba Tek Singh, who accepted the claim and cancelled the land held by Wali Muhammad, by his order dated the 10th July 1963. The matter was taken in revision but the same failed. The petitioners were allotted the land cancelled from the name of Wali Muhammad in Chak No. 292/J.B. and Chak No. 293/J. B. respectively.

Thereafter, respondents Nos. 4 to 6, moved Miscellaneous application before the Deputy Settlement Commissioner, Toba Tek Singh for cancellation of the land from the names of the petitioners on the ground that the land which was allotted to Wali Muhammad was allotted in lieu of the land left by Noor Muhammad their predecessor‑in‑interest. This application was accepted by the Deputy Settlement Commissioner, by order dated the 19th May 1965. The matter was taken in revision and the Settlement Commissioner dismissed both the revisions filed by the petitioners and the respondents. The petitioners challenged this order in the Lahore High Court in Writ Petition 32 /R of 1967. A learned Single Judge of the High Court, by judgment dated the 4th July 1972, has remanded the case back to the Deputy Settlement Commissioner to work the entitlement of Wali Muhammad deceased at the rate of 3;8th share in the estate of Noor Muhammad and cancelled the excess land held by him or his legal heirs. He is further directed to keep in view the entitle ment of respondents Nos. 4 to 6 in respect of their shares in the estate of their father Noor Muhammad. The petitioners seek permission to file an appeal against the judgment of the High Court dated the 4th July 1972.

Ch. Ghazanfar Ali Gondal, learned counsel for the petitioners, has contended that the respondents had not challenged the order of the Settlement Commissioner dividing the property into half and half and, therefore, the High Court had no jurisdiction to remand the case back to the Deputy Settlement Commissioner for the settlement of the claims of respondents Nos 4 to 6. He has further submitted that respondents Nos. 4 to 6 are not the sitting allottees and, therefore, they cannot be allotted any portion of the property in possession of Wali Muhammad. Both these contentions have no substance. The High Court was perfectly justified after perusing the whole position to consider the question whether respondents Nos. 4 to 6 were entitled to any share of the land left by their father Noor Muhammad. Wali Muhammad was occupying land as heir of Noor Muhammad and prima facie, anybody who is heir of Noor Muhammad is entitled to share the land in his possession. This question is, however, open and the learned Deputy Settlement Commissioner will decide it in the light of the observation made by the High Court. There is no force in the petition. The petition is dismissed.

Leave refused.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.