Mst. RABIA BIBI AND 7 Others vs SETTLEMENT COMMISSIONER, SARGODHA — 1972 SCMR 468

Citation: 1972 SCMR 468

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Mst. RABIA BIBI AND 7 Others vs SETTLEMENT COMMISSIONER, SARGODHA JUDGMENT

Headnotes

Case cited as 1972 SCMR 468

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sheikh Anwarul Haq Title:Mst. RABIA BIBI AND 7 Others vs SETTLEMENT COMMISSIONER, SARGODHA JUDGMENT Reported As: 1972 SCMR 468 Result: Petition dismissed Judgment JUDGMENT HAMOODUR REHMAN C. J.-The petitioners who are the heirs of one Abdul Ghani Shah have come up to this Court for special leave to appeal from the judgment and order of a Division Bench of the Lahore High Court dismissing in limine their appeal under Clause 10 of the Letters Patent. It appears that the said Abdul Ghani Shah was allotted agricultural lands measuring 269 kanals in Chak No. 125/N. B. Of District Sargodha as the son of one Imdad A.I Shah. In 1962, however, an application was filed by two persons alleging that the allotment had been obtained fraudulently as the said Abdul Ghani Shah was not a son of Imdad A.I Shah but only his murid. An enquiry was held on the basis of this complaint, and in the course thereof, Abdul Ghani Shah, who was then alive, was himself examined. He admitted that he was not the son of Imdad A.I Shah but only his murid and Manager of the property of Khanqah Miran Sahib of Taska in village Deria, District Ambala (India). The allotment in favour of Abdul Ghani Shah was, therefore, cancelled. He went up in appeal to the Additional Settlement Commissioner who accepted the same on the 21st of January 1964, and upheld the right of Abdul Ghani Shah to inherit the Trust properties of Imdad A.I Shah in his capacity of…

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