SARDAR MUHAMMAD KHAN ALVI AND Another vs BASHIR AHMAD AND 7 Other — 1970 SCMR 439

Citation: 1970 SCMR 439

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-08

Parties: SARDAR MUHAMMAD KHAN ALVI AND Another vs BASHIR AHMAD AND 7 Other

Headnotes

Case cited as 1970 SCMR 439

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: SARDAR MUHAMMAD KHAN ALVI AND Another vs BASHIR AHMAD AND 7 Other Case No.:Civil Petition for Special Leave to Appeal No. 53 of 1970 Letters Patent Appeal No. 444 of 1966 Review Application No. 6 of 1969 Date of Judgment:1970-04-08 Reported As: 1970 SCMR 439 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD, J.-The dispute between the parties is in respect of 305 kanals, 17 marlas in Chak No. 127/G. B., Tehsil Jaranwala, allotted to the respondents who are heirs of one Niaz Din. The claim of one Niaz Din was received in the above Chak. Sometime, thereafter, the authorities came to the conclusion that Niaz Din, had died and inheritance mutation was sanctioned in favour of the respondents on the 29th December 1953. It was alleged that this was done in view of the Government instructions that widows and orphans may be treated as special class allottees and may be allotted lands in the Chak for which they have registered their claim forms. These lands were allotted to the respondents from 3rd August 1954 to 20th of January 1957. The allotments of these lands were challenged by Sardar Muhammad Khan Alvi and Faqir Khan petitioners on the allegation that Bashir Ahmad etc., heirs of Niaz Din had fraudulently secured allotments in Chak No. 127/G. B. As special class allottees by falsely alleging that they were orphans and widow of right- holder Niaz Din. The Settlement authorities…

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