ADDITIONAL SETTLEMENT COMMISSIONER (LAND), SARGODHA., MUHAMMAD — 1963 PLD 347

Citation: 1963 PLD 347

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Petitioner: ADDITIONAL SETTLEMENT COMMISSIONER (LAND), SARGODHA., MUHAMMAD JUDGMENT

Headnotes

Case cited as PLD 1963 SC 347

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:ADDITIONAL SETTLEMENT COMMISSIONER (LAND), SARGODHA., MUHAMMAD JUDGMENT Reported As: PLD 1971 Supreme Court 791 Result: Appeal accepted Judgment JUDGMENT HAMOODUR RAHMAN, C. J.--All these appeals by special leave, which arise from separate judgments and orders of the erstwhile High Court of West Pakistan, have been heard together as they raise a common question of law, namely, as to whether an evacuee property finally allotted to a female in lieu of a limited estate left by her in India would, on her death, devolve on her own heirs or on the heirs of the last male owner of the property in India. In all these cases, except one, Writ Petitions were filed in the High Court of West Pakistan, which following its own Full Bench decision in the case of Sher Muhammad v. The Additional Settlement and Rehabilitation Commissioner decided that on the death of a widow right-holder, her heirs and not the heirs of the last male owner were entitled to succeed. Civil Appeal No, 44 of 1970 arises from a judgment in a regular first appeal in the High Court which too proceeds on the same basis. No appeal was filed in this Court from the decision of the Full Bench but in all these cases which have been disposed of on the basis of the above-mentioned Full Bench decision, the main question will be the correctness of the aforementioned Full Bench decision. Before we take up for…

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