GHULAM MUHAMMAD vs THE REHABILITATION COMMISSIONER, BAHAWALPUR — 1972 SCMR 342

Citation: 1972 SCMR 342

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: GHULAM MUHAMMAD vs THE REHABILITATION COMMISSIONER, BAHAWALPUR JUDGMENT

Headnotes

Case cited as 1972 SCMR 342

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title:GHULAM MUHAMMAD vs THE REHABILITATION COMMISSIONER, BAHAWALPUR JUDGMENT Reported As: 1972 SCMR 342 Result: Leave refused Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner, who is a refugee from India (Patiala State) obtained a confirmed allotment of 36 kanals and 9 marlas of lands in Chak No. 11, Gajjiayani Tehsil Chishtian, District Bahawalnagar, on the 13th of February 1959, on the ground that he, being a minor at the time of partition, could not file his claim and the lands were previously in the temporary allotment of his uncles, Sohna; Sultan and Bahadur. Rana, father of the respondents 2 to 6, challenged this allot--ment. He failed in appeal before the Deputy Rehabilitation Commissioner, Bahawalnagar but succeeded in revision on the ground that he, was a temporary allottee in the Chak while the petitioner was a non-allottee and the area in dispute was close to the area already confirmed to him. The petitioner then challenged the order by a writ petition in the former High Court of West Pakistan. A learned Single Judge refused to interfere on the ground that there was no reliable evidence on the record to show that the petitioner was a minor at the time of Partition. Paragraph 14 of Chapter I, Part It of the Rehabilitation Settlement Scheme was also invoked in aid for supporting the allotment in favour of Rnna. This order of the learned Single Judge has been upheld in a…

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