1982 PLP 1371 (CLC)

‑‑ S. 10 read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) and Law Reforms Ordinance (XII of 1972), S. 3‑Transfer of property ‑Mukhbir‑Displaced persons‑Respondent getting evacuee property through inheritance- Inheritance accepted by Settlement Authorities in 1965‑Appellant challenging transfer on ground that respondent obtained same fraudulently being an Indian National‑Held: After repeal of all settlement laws neither appellant could move Chief Settlement Commissioner to cancel property nor Chief Settlement Commis sioner could exercise any power‑For a Muslim, held further, nationality is no bar to inherit and he can acquire property anywhere.‑[ Muhammadan Law]. Kh. Muhammad Farooq for Appellant. ABDUL SHAKURUL SALAM, J.‑A house was transferred to Amir Muhammad and his wife Mst. Ashfaq‑un‑Nisa, both claimant displaced persons, on 5th July,‑1960 and they were issued P. T. O. on 18th August, 1960. Mst. Ashfaq‑un‑Nisa died on 1st February, 1964 and her legal representatives were appointed viz. Mr. Amir Muhammad husband and Abu Tahir son. Amir Muhammad transferred his share of the property in favour of his son Abu Tahir on 27th August, 1964. This was allowed by the Settlement Authorities some time in 1955, Amir Muhammad also died in due course of time, In 1973 Abu Tahir applied to the Settlement Department for refixation of the rent for evaluation of the property. The appellant became a busy‑body and filed an application on 23rd May, 1975 saying that Abu Tahir had obtained the property by fraudulent means being Indian national. The Chief Settlement Commissioner cancel led the transfer vide order dated 16th February, 1976. Abu Tabir filed Writ Petition No. 1078/R/1979 and the learned Single Judge dealt with the matter at length and came to the conclusion that there was no fraud in volved. The Writ Petition was accepted vide order dated 11th March, 1981. The Mukhbar has filed this

1. C. A.

3. Learned counsel for the appellant has vehemently contended that Amir Muhammad could not associate with Abu Tahir and surrender his right.

4. The appeal is liable to be dismissed on the simple ground that the appellant has no locus standi whatsoever. The property was transferred in favour of Amir Muhammad and Mst. Ashfaq‑un‑Nisa in 1960 and after the demise of the latter, her legal representatives were appointed being her husband Amir Muhammad and her son Abu Tahir. Nobody objected to the appointment of the said heiRs.Amir Muhammad surrendered his rights, in favour of his own son Abu Tahir on 27th August, 1964 who was owner of the property by inheritance and this was accepted by the Settlement Authorities in the year 1965. After repeal of all Settlement Laws from 1st July, 1974 vide Act XIV of 1975, it was not open to the appellant to move the Chief Settlement Commissioner to cancel the transfer made favour of the displaced persons which has come in due course to their legitimate son, nor, could the Chief Settlement Commissioner exercise any power as all have been extinguished by repeal of the law. For a Muslim nationality is no bar to inherit and acquire property anywhere.

5. For the foregoing reasons, there is no force or merit in this appeal and the same is accordingly dismissed in limine. M. Y. H. Appeal dismissed.