GHULAM MUHAMMAD AND 2 Others vs THE SETTLEMENT AND REHABILITATION — 1970 SCMR 546

Citation: 1970 SCMR 546

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: GHULAM MUHAMMAD AND 2 Others vs THE SETTLEMENT AND REHABILITATION

Headnotes

Case cited as 1970 SCMR 546

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: GHULAM MUHAMMAD AND 2 Others vs THE SETTLEMENT AND REHABILITATION Case No.:Civil Petition for Special Leave to Appeal No. 71 of 1970 Letters Patent Appeal JUDGMENT Reported As: 1970 SCMR 546 Result: Petition dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-The dispute in this petition for special leave to appeal relates to the partition of a joint khata held by locals and evacuees in village Channah, Tehsil Rahim--yarkhan, in 3/4th and 1/4th shares, respectively. The Assistant Rehabilitation Commissioner by his order dated the 28th August 1916, separated 74 kanals of land which fell to the share of the evacuees and which had been allotted to refugees, leaving the balance to the locals. In the process of separation, he followed the principle of consolidation which caused the dispossession of some of the local Muslims, including the peti--tioners, from the fields of which they were in physical occupation. His order shows that he had made two proposals to the shareholders, one being that a separate block be reserved for evacuees to eliminate friction between their successors-in-interest, i.e., the refugee-allottees and the locals, and also to avoid dispossession of the Muslim co-owners from the fields in their occupation to the extent of their shares as far as possible. The other was that the land of the evacuees be separated from each khatauni according to the extent of their shares. The…

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