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Petitioner: MUHAMMAD KHAN VS Respondent: ASSISTANT COLLECTOR (REVENUE)Honorable Justice MUHAMMAD YAQUB ALI
1969 S C M R 157
1969 S C M R 157
Present: Hamoodur Rahman and Muhammad Yaqub Ali, JJ
MUHAMMAD KHAN‑Petitioner
versus
ASSISTANT COLLECTOR (REVENUE) AND 4 OTHERS Respondents
Civil Petition for Special Leave to Appeal No. 380 of 1968; decided on 21st October 1968.
(On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 29th July 1968, in Writ Petition No. 1199 of 1968).
Rehabilitation Settlement Scheme‑--
---Land allotted to widow in lieu of life estate held by her in India‑Whether on her death it is her personal heirs who succeed to her and not heirs of last male‑owner‑Special Leave to Appeal granted by Supreme Court . to consider question.
Sher Muhammad v. Additional Commissioner P L D 1968 Lah. 234 ref.
Ghulam Mujtaba, Senior Attorney for Petitioner.
Nemo for Respondents.
Date of hearing : 21st October 1968.
ORDER
HAMOODUR RAHMAN, J.‑‑This petition for special leave to appeal arises out of an order of a Division Bench of the High Court of West Pakistan, summarily dismissing a petition under Article 98 of the Constitution, relying on a Full Bench decision of the said Court in the case of Sher Muhammad v. Additional Commissioner (P L D 1968 Lah. 234). In the said Full Bench decision it has been held that a female who held a limited estate in India and submitted a claim under the Punjab Refugees (Registration of Land Claims) Act, 1949, did so as an owner within the purview of paragraph 2, Part I, Chapter I of the Rehabilitation Settlement Scheme in her right and not on behalf of the reversioners. Furthermore, that on the death of such a refugee limited owner it is her personal heirs who succeeded to her and not the, heirs of the last male‑owner.
The learned counsel points out that the correctness of this Full Bench decision is itself under challenge in this Court; and leave to appeal has already been granted to consider the' same in Civil Petition No. 189 of 1968. Leave is accordingly granted in this petition also to consider the same point. Security Rs. 1,000. The appeal will be heard along with the appeal arising out of Civil Petition No. 189 of 1968, but paper books should be made ready as early as possible.
Status quo as to possession will be maintained in the meantime,
Leave granted,