UMAR BAKHSH MAZARI vs THE CHIEF LAND COMMISSIONER, WEST PAKISTAN, — 1972 SCMR 344

Citation: 1972 SCMR 344

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: UMAR BAKHSH MAZARI vs THE CHIEF LAND COMMISSIONER, WEST PAKISTAN, JUDGMENT

Headnotes

Case cited as 1972 SCMR 344

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:UMAR BAKHSH MAZARI vs THE CHIEF LAND COMMISSIONER, WEST PAKISTAN, JUDGMENT Reported As: 1972 SCMR 344 Result: Leave refused Judgment JUDGMENT SALAHUDDIN AHMED, J.-This leave petition is from the order of a Division Bench of the Lahore High Court setting aside the impugned order of the Chief Land Commissioner and remanding the case to him for disposal according to law. The dispute is about the mutation of the share of the petitioner in the property left by his deceased father Sardar Ghous Bakhsh Mazari. On 2nd November 1959, the Land Commissioner of Bahawalpur had provisionally allowed the petitioner a share of inheritance in the property of his deceased father, subject to the condition that he must obtain a civil Court decree that he was the son of Sardar Ghous Bakhsh Mazari deceased. The petitioner having been dissatisfied by this order approached the Chief Land Commissioner, West Pakistan on a revisional application and the latter by his order datedthe2lstMay 1960, set aside the order of the Land Commissioner. The Chief Land Commissioner however, directed that, "if any of the co-sharers wish to contest the right of the petitioner to his share of the pro--perty it was for him to obtain such a decree from the competent Court." It has transpired, however, that the petitioner never made respondent No. 2, Mst. Anwar Khatoon or the Court of Wards as parties in the revision…

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