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Writ Petition No. 1106‑R of 1977, decided on 15th February, 1983.
‑ Ss. 10 & I I‑Evacuee Property and Displaced Persons Laws (Repeal) Act. (XIV of 1975) and Constitution of Pakistan (1973), Art. 199 Mukhbari application‑Heirs of deceased claimant displaced person not impleaded to Mukhbari application till repeal of Displaced Persons (Land Settlement) Act‑Proceedings against dead person, held, a nullity and as against her legal heirs who were not impleaded as party would be coram non judice‑Imptigned order of notified officer without lawful authority.
Muhammad Sadiq v. Settlement Commissioner, etc. N L R 1980 Lah. 8 17 rel.
S. M. Baqir for Petitioner.
Ch. Muhammad Sharif Sahi for Respondents.
Date of hearing : 15th February, 1983.
This writ petition has been filed by the heirs of deceased lady Mst. Umran Bibiou the ground that they bad not been brought on the record or made party‑ to the Mukhbari proceedings till the repeal of the Displaced Persons (Land Settlement) Act, 1958 and since Mst. Umran Bibi had died in 1958, therefore, the proceedings instituted and sought to be continued against a dead person were a, nullity.
2. The brief facts are that Mst. Umran Bibi was a claimant displaced person who had a verified claim No. 11903. She' died in the year 1958 before any allotment could be made. It is not disputed that the allotments which were obtained by the sons and daughters of the deceased claimant were within the limits of her claim.
3. However, 1 need not go into the details of merits of the case for the simple reason that there is a strong objection raised by the petitioners that the allotment made in this case was that of Mst. Umran Bibi which was not questioned. The legal heirs of Mst. Umran were not made party to the Mukhbari proceedings till the repeal of the Displaced Persons ([.and Settlement) Act, 1958 on 30‑6‑1974 by Act XLV of 1975. It is stated that most of the heirs were not impleaded as party to the proceedings at all and yet an order adverse to their interest has been passed by the notified officer. The matter stands concluded on the short point by a decision of this Court reported in re : Muhammad Sadiq v. Settlement Commissioner, etc. (1) that Mukhbari proceedings instituted against a dead person are a nullity and that t be proceedings would be deemed to be instituted against the heirs the they are brought on the record. In the meanwhile, the Displaced Person's (Land Settlement) Act having been repealed and the heirs not having been
(1) N L R 1980 Lah. 817
brought on the record, the mukhbari proceedings to their prejudice would be coram non judice.
4. Nothing has been urged before me to take a countrary view. There fore, respectfully following the judgment of this Court I would hold that the impugned order of the notified officer suffers from serious infirmity inasmuch as the heirs of Mst. Umran Bibi had not been impleaded as parties to the mukhberi proceedings till the repeal of the Act. I therefore have no hesitation in declaring the order of the notified officer to be without lawfull authority and of no legal effect. The result is that this writ petition is accepted but in the circumstances of the case there shall be no order as to costs.
M. Y. H. Petition accepted.
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