Mst. PHURI AND Another vs MEMBER, BOARD OF REVENUE, PUNJAB AND 4 — 1969 PLD 234

Citation: 1969 PLD 234

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Mst. PHURI AND Another vs MEMBER, BOARD OF REVENUE, PUNJAB AND 4 JUDGMENT

Headnotes

Case cited as PLD 1969 Lah. 234

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Hamoodur Rahman Title:Mst. PHURI AND Another vs MEMBER, BOARD OF REVENUE, PUNJAB AND 4 JUDGMENT Reported As: 1972 SCMR 604 Result: Orders accordingly Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-This is t: petition for the review of a judgment of this Court delivered on the 13th of June 1972, in Civil Appeal No. 292 of 1970. The review is sought on the ground that the petitioner had never had the opportunity to show that the lands abandoned by her in India were not held by her as a limited heir, under custom, of her deceased husband. All the Courts below had proceeded on the basis of the Full Bench judgment of the High Court, in the case of Sher Muhammad v. The Additional Settlement and Rehabilitation Commissioner (PLD 1969 Lah. 234) and held that Mst. Bhuri had acquired absolute title in the evacuee lands allotted to her in Pakistan even if she was a limited owner in India. It is claimed on her behalf that the lands which she had left behind in India were not the lands of her deceased husband Mir Baz but lands which she had inedited from her own father and, therefore, sloe could not be treated as a limited owner of the lands nor could the collaterals of her deceased husband claim any right in these lands. She had come over to Pakistan as full owner of the lands and, therefore, she was entitled to be treated as such, even in respect of the evacuee lands allotted to her in Pakistan. It has, in…

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