SHABBIR HUSSAIN AND Others vs CHIEF SETTLEMENT AND. REHABILITATION — 1970 SCMR 44

Citation: 1970 SCMR 44

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: SHABBIR HUSSAIN AND Others vs CHIEF SETTLEMENT AND. REHABILITATION JUDGMENT

Headnotes

Case cited as 1970 SCMR 44

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Muhammad Yaqub Ali Khan Title:SHABBIR HUSSAIN AND Others vs CHIEF SETTLEMENT AND. REHABILITATION JUDGMENT Reported As: 1970 SCMR 44 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, J.-The dispute in this case relates to some 137 kanals of agricultural lands which were confirmed in the name of the respondent No. 3 in village Jamgil, Tehsil Ferozewala, District Sheikhupura, in March-1956. It appears that she claimed on the basis, that she was the sole heir of one Mohar Singh, a right- hlder, who died in the Walton Camp in the year 1948 after migration to Pakistan, leaving lands in Bharatpur State (India). Her claim was duly verified and mutation of inheritance was sanctioned in her favour in April 1955. On the 3rd of March 1960, however, one Moti s/o Budha made a complaint through one Zahoor Khan that the said respondent was not the daughter of Mohar Singh and had fraudulently obtained the allotment. This complaint was not addressed to any specified autho--rity nor is it known as to before which particular officer it was presented, but an enquiry, it appears, was conducted by the Tehsildar (Inspection), who was posted with the then Settlement Commissioner (hands) Mr: Muhammad Yar Khand. The Tehsildar ' recommended that the mutation should be reviewed. On the basis of this, report an E. A. C. (R) in August 1960, recommended the cancellation of the said res--pondent's allotment. The order of cancellation'…

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