Mst. ANWAR KHATUN vs THE CHIEF LAND COMMISSIONER, WEST PAKISTAN, — 1971 PLD 698

Citation: 1971 PLD 698

Court: Lahore High Court

Year: 1970

Decision Date: 1970-12-31

Parties: Mst. ANWAR KHATUN vs THE CHIEF LAND COMMISSIONER, WEST PAKISTAN, JUDGMENT

Headnotes

Case cited as PLD 1971 Lahore 698

Judgment Text

Court Name: Lahore High Court Judge(s): Ghulam Safdar Shah, Karam Elahi Chauhan Title:Mst. ANWAR KHATUN vs THE CHIEF LAND COMMISSIONER, WEST PAKISTAN, JUDGMENT Reported As: PLD 1971 Lahore 698 Result: Case remanded Judgment JUDGMENT GHULAM SAFDAR SHAH, J.--This writ petition is directed against the order of the Chief Land Commissioner dated 21-5.1960, which was passed under the following circumstances. 1. One Sardar Ghaus Bakhsh Mazari died on 31-10-1955, leaving considerable landed property and many legal heirs some of whom were minors. Consequently the entire landed property left by him was taken over by the Court of Wards. Respondent Umar Bakhsh, who claimed to be the son of the deceased, made an application to the Assistant Collector that his share in the property should be mutated in his name. By order dated 20-5-1957, the Assistant Collector accepted this application and accordingly his share in the property was mutated in his name. Feeling aggrieved of this order, Mst. Hijab Khatun a daughter of the deceased, filed a declaratory suit challenging the said mutation and by way of consequential relief prayed that the entries in the revenue record, which were made in the name of respondent Umar Bakhsh on the strength of the order of the Assistant Collector dated 20-5-1957, may be cancelled. It seems that simultaneously Mst. Anwar Khatun, another daughter of the deceased, had filed an appeal before the Collector against the said order of the Assistant Collector. This…

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