UMAR KHAN vs (1) THE DIRECTOR OF ENFORCEMENT AND (2) THE DEPUTY — 1972 PLD 221

Citation: 1972 PLD 221

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-31

Parties: UMAR KHAN vs (1) THE DIRECTOR OF ENFORCEMENT AND (2) THE DEPUTY JUDGMENT

Headnotes

Case cited as PLD 1972 Lahore 221

Judgment Text

Court Name: Lahore High Court Judge(s): M. S. H. Qureshi, Muhammad Siddiq Title:UMAR KHAN vs (1) THE DIRECTOR OF ENFORCEMENT AND (2) THE DEPUTY JUDGMENT Reported As: PLD 1972 Lahore 221 Result: Petition dismissed Judgment JUDGMENT MUHAMMAD SIDDIQUE, J.-.One Murad Khan, son of Kalloo, was the owner of agricultural land in village Gadi, Tehsil Nuh, District Gurgaon. Umar Khan, son of Murad Khan, migrated to Pakistan and filed Claim Form No. 4673 for the land owned by his father in India. The claim was duly verified in the name of said Murad Khan and in lieu thereof Umar Khan petitioner got allotment of land. Subsequently in 1952, mutation of inheri--tance of Murad Khan was sanctioned in favour of Umar Khan petitioner alone being his son. In 1962, the Director of Enforcement lodged a complaint for cancellation of allotment of the land frauduently obtained by Umar Khan. The case was taken up by Ch. Muhammad Hassan, Deputy Settlement Commissioner, West Pakistan, Lahore, as a delegatee of the Chief Settlement Commissioner. The allegation was that the said Murad Khan never migrated to Pakistan and that his other son and daughters were still fin India as Indian Nationals. Umar Khan petitioners contested the proceedings and contended that his father Murad Khan died during Partition while coming over to Pakistan and his mother was also killed during the disturbances and he being the only son and legal heir of the deceased right-- holder, rightly filed the claim form in respect of…

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