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Civil Petition No. 721 of 1980 and Civil Petitions for Special Leave to

Appeal No. 1112 of 1980 and 580 of 1981, decided on 27th June, 1983.

(Against the order of the Lahore High Court, dated 27-4-1980, passed in. 444-R of 1971, and order dated 1-11-1980 passed in W. P. No. 585-R of 1980). Constitution of Pakistan (1973)

Art. 185 (3)-Registration of Claims (Displaced Persons) Act (III of 1956), S. [as amended by Displaced Persons Laws (Amendment) Ordinance (XIII of 1964)]-Leave to appeal granted to consider whether Claims Commissioner had jurisdiction after 31-3-1965 to revise or review an order of claim officer verifying claims the record whereof had not been called for before that date.

Habib Khan v. Settlement & Claims Commissioner P L D 1979 S C 975 and Muhammad Farooq Imam v. The Claims Commissioner, Pakistan, Lahore and 2 others P L D 1975 Lab. 1140 ref.

C. P. No. 721 of 1980

Kh. Muhammad Farooq with Syed Inayat Hussain, Advocate-on-Record for Petitioner.

Malik Muhammad Aslant Khan, Advocate-on-Record for Respondent No. 3.

Shahzad Jehangir and Sh. Muhammad Nasim, Advocate Supreme Court for the Settlement Department.

C. P. S. L. A. No. 1112 of 1980

Malik Muhammad Aslam Khan, Advocate-on-Record for Petitioner.

Shahzad Jehangir and Sh. Muhammad Nasim, Advocate Supreme Court with Walayat Umar, Advocrte-on-Record for the Settlement Department.

C. P. S. L. A. No. 580 of 1981

Malik Muhammad Aslam Khan, Advocate-on-Record for Petitioner.

Shahzad Jehangir and Sh. Muhammad Nasim, Advocate Supreme Court with Walayat Umar, Advocate-on-Record for the Settlement Department. .

Date of hearing : 27th June, 1983.

ASLALI RIAZ HUSSAIN, J.--This order shall dispose of three petitions (f) C. P S. L. A. No. 721 of 1980, filed by Habib Khan etc., (tt) C. P. S. L. A. No. 1112 of 1980 filed by Begum Surraya Aslam Khan and (iii) C. P. S. L. A. No. 580 of 1981 also filed by Surraya Aslam Khan; as they arise out of the same facts and the same question is involved in all the three petitions.

2. The facts giving rise to these petitions are, briefly, as follows :-Respondents 4 to 44 in C. P. No. 721 of 1980 had filed a claim for the land left by them in villages Jawaharpur and Jarira, in District Delhi (India). The

aclaim was verified by Mr. Muhammad Abbas, Claims Commissioner, on 25-5-1960 to the extent of 2,12,220 P. I. Us., on the basis of the revenue record relating to the years 1908 and 1909 and oral evidence produced by the said respondents to the effect that they were owners of the land in the said villages. The aforementioned respondents then got land allotted against their verified claim in various parts of Pakistan. It was, however, reported that the two uillages in question had been acquired in 1911 by the then British Government of India for establishment of the new 'capital of D; lhi, and the two villages were, therefore no longer in existence. Moreover the said respondents bad received the compensation for the said land. The Officer on Special Duty of the Rehabilitation Department, Lahore, therefore, wrote a letter to the

Revenue authorities in India asking about the correct position. On receipt of their reply the matter was examined by Mr. Hidayat Ullah Mokal, Settlement Commissioner, who by his order dated 6-7-1972, prima facie found the entire verification having been obtained . by fraud. He issued notice to the respondents and directed them not to sell any of the properties obtained by them against the said claim.

Aggrieved by this order the aforementioned respondents filed a writ petition (No. 452 of 1972) before the High Court but the same was dismissed in limine, on 8-7-1974. They then filed a petition for leave to appeal before this Court, which was dismissed on 2-7-1976.

A fulfledged inquiry was, thereafter, held by Ch. Muhammad Siddiq, the then Settlement and Claims Commissioner, Punjab, who recorded a lengthy order on 23-2-1978 holding that he had no jurisdiction to review the order with respect to the correctness of verification of claim after 31-3-1965. He, however, held that no fraud had been committed by the respondents aforesaid.

Feeling aggrieved against this order Habib Khan filed a writ petition No. 444/R of 1978) which was dismissed by a learned Single Judge vide the impugned judgment dated 27-4-1980.

Hence the present petition.

The petitioner's counsel relied on Habib Khan v. Settlement and Claims Commissioner (1) and Muhammad Farooq Imam v. The Claims Commissioner, Pakistan, Lahore and 2 others (2), to argue that after the amendment of Registration of Claims (Displaced Persons) Act, 1956 (Act III of 1956), by Displaced Persons Laws Amendment Ordinance (XIII of 1964), the Claims Commissioner, could not review an order of verification of any claim after 31st March, 1965 when the record whereof had not been called for before that date.

Mr. Shahzad Jahangir Standing Counsel for the Settlement Department as well as Mr. Muhammad Nasim appearing for the Settlement Department, supported the three petitions.

Leave is, therefore, granted to consider whether the Claims Commissione had any jurisdiction after 31-3-1965 to revise or review an order of the Clai Officer verifying a claim the record whereof had not been called for befor that date.

Security in the sum of Rs. 2,000.

We are informed that leave has also been granted to consider the same question in C. P. S. L. A. No. K-209 of 1.981, filed by the Additional Settlement Commissioner, Karachi.

Appeals arising out of the present petitions and that arising out of C. P. S. L. A. No. K-209 of 1981, shall be heared together.

M. z. M. Leave granted.

(1) P L D 1979 3 G 975 . (2) P 1, D 1975 Lab. 1140

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