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Petitioner: YATIM BIBI VS Respondent: SIDDIQ BIBIHonorable Justice ABDUS SATTAR
1969 S C M R 41
1969 S C M R 41
Present: Muhammad Yaqub Ali and Abdus Sattar, JJ
YATIM BIBI‑Petitioner
versus
SIDDIQ BIBI AND OTHERS‑Respondents
Civil Petition for Special Leave to Appeal No. 233 of 1968, decided on 20th November 1968.
(On appeal from, the judgment and order of the High Court of West Pakistan, Lahore, dated the 21st February 1968, in Regular Second Appeal No. 35 of 1959).
Rehabilitation Settlement Scheme---
---paras. 29 & 46‑Whether Rehabilitation authorities competent to reopen contents of special jamabandis‑Special Leave to Appeal granted by Supreme Court to consider question.
Mst. Zenab v. Mst. Raji and others P L D 1960 S C 229 ref.
Ch. Riasat Ali, Senior Advocate Supreme Court (Ghulam Mohyuddin, Advocate with him) instructed by Sly.' Abdul Karim, Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 20th November. 1968.
ORDER
ABDUS SATTAR, J.‑The petitioner was married to Mehdi Hussain who died in the year 1938 in village Bhojpur, Tehsil Nurpur, District Kangrah (East Punjab). The property of her deceased husband was mutated in her favour. On migration to Pakistan she filed a claim in respect of the property left by her husband under the Punjab Refugees (Registration of Land Claims) Act V of 1949. The mutation of inheritance of Mehdi Hussain was made in 1952'in favour of the petitioner. On the objection preferred. by respondent No., 4 that the petitioner had remarried to the year 1942 and had therefore lost her life interest in the property of her deceased husband the mutation was cancelled. Being unsuccessful to get any remedy on appeal followed by a revision at the hands of Rehabilitation Authorities she filed a suit for a declaration that she is widow of Mehdi Hussain deceased and had not remarried and was therefore entitled to inherit the property left by her husband. The suit was dismissed by the Civil Judge but was decreed on appeal by the Senior Civil Judge, Gujranwala. A second appeal was preferred by the defendants and a learned Single Judge of the High Court of West Pakistan accepted the appeal mainly on the ground that such a suit was not maintainable. Reliance in this connection has been placed on a decision of this Court reported as Mst. Zenab v. Mst. Raji and others (PLD1960SC229).
It is contended that under paragraphs 29 and 46 the] Rehabilitation authorities had no jurisdiction to reopen the] contents of the special jamabandi. The contention merits consideration. Leave to appeal therefore is granted. Status quo shall be maintained pending the disposal of the appeal. Security in the sum of Rs. 1,000.
Leave granted.