Mehr Din and others vs The Border Area Committee — 1966 PLD 604

Citation: 1966 PLD 604

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Case cited as PLD 1966 SC 604

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: PLD 1970 Supreme Court 311 Result: Appeal allowed Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.-Mehr Din and others, appellants, are the successors-in-interest of one Ameer who died in India during the disturbance of 1947. The claim form for the land abandoned by him was filed by the appellants for Chak No. 149/6-R, Tehsil Fort Abbas, district Bahawalnagar within the border belt. Initially they were given temporary allotment of 15 acres in the Chak. Later on, when the claim form of Ameer was verified the Assistant Rehabilitation Commissioner on the 9tb May 1957, allotted to the appellants 770 kanals and 15 marlas of land inclusive of the land in their temporary allotment. Later on 48 kanals of land was excluded from this area and the rest of the land measuring 722 kanals and 15 marlas was confirmed in the names of the appellants. The appellants were in possession when on the 20th July 1960, the Border Area Committee consisting of Major Abul Faizi (Chairman) and Raja Mohammad Abdullah, Member, Rehabilita-- petition, scrutinized the allotments in Chak No 149/6-ft and purport--ing to exercise authority under paragraph 10 of the Martial Law Regulation No. 9, Zone B, cancelled all the allotments made in the Chak to refugee claimants. A number of representations and telegrams were thereupon sent by the claimants to the G. H. Q. Pakistan Army who…

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