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Petitioner: Mst. LATIFA KHANUM AND Others VS Respondent: Mian ABDUL WAHID AND Other
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, Muhammad Afzal Zullah, Shafi-ur-Rehman Title: Mst. LATIFA KHANUM AND Others vs Mian ABDUL WAHID AND Other Case No.: Civil Petition No. 225 of 1978 W. P. No. 232/ R of 1977 Date of Judgment:1983-04-11 Reported As: 1983 SCMR 1249 Result: Petition dismissed
Judgment ORDER NASIM HASAN SHAH, J.-This petition for special leave to appeal is directed against the order of a learned Single Judge of the Lahore High Court dated 21-2-1972 passed in Writ Petition No. 231-R of 1977 accepting the writ petition filed by the respondents and declaring the Deed of Associat--ion accepted by the Deputy Settlement Commissioner on 5-9-1969 as having correctly incorporated the intention of the parties and directing that it should be given effect to and setting aside the order of the Settlement commissioner, dated 6-1-1977, whereby the order of the Deputy Settlement Commissioner accepting the Deed of Association, dated 5-9-1960 was interfered with by him. Under the Deed of Association accepted by the Deputy Settlement Commissioner the respondents, who are the brothers and sisters of the predecessor-in-interest of the petitioners, were also allowed a share in the 60 percent share of the property for which the P. T. O. Was issued in the dame of Abdul Hamid, the predecessor-in-interest of the petitioners. The case of the petitioners before us is that they were minors when, he Deed of Association was accepted and could not be deprived of any portion out of the share given to Abdul Hamid in the P. T. O. They had, accordingly, on attaining majority, challenged the arrangement incorporated in the Deed of Association. We have examined the entire record and are of the opinion that in view of the admission of Abdul Hamid made in the course of the proceedings before the Settlement authorities that he was holding the property on behalf of the brothers anal sisters, his widow and children had no locus standi, on attaining majority, to challenge the decision of the Settlement authorities allowing some share of the property to his brothers and sisters. The petition has no force which is dismissed.