1989SCMR285 (PLP)

JAVID IQBAL, J.‑‑This petition for leave to appeal has been directed against the order passed by a Division Bench of the Lahore High Court Lahore m an Inter‑Court Appeal. Briefly the facts are that there exists a dispute between the petitioners and respondents Nos. 5 and 6 in regard to a mutation of inheritance. This mutation of inheritance was attested on the death of one Muhammad Din who was stated to be initially a non‑Muslim, Hansa Singh by name, who had embraced Islam before his death. The land left by him was mutated in the name of Mst. Rehmat Bibi and thereafter it passed into different hands at different times in consequence of alienations made by her and her successors‑in‑interest. At present the petitioners claim. its ownership. Long after the attestation of mutation in favour of Mst. Rehmat Bibi one Mst. Ghulam Fatima had filed a petition for review of the said mutation of inheritance sanctioned in her favour on the ground that the land left by the said Muhammad Din was evacuee property and therefore it could not be inherited by Mst. Rehmat Bibi. On this petition an inquiry had been initiated but it was eventually quashed by the Additional Commissioner Lahore. Subsequently Manga etc. moved another application for review of the said mutation on the ground that Mst. Rehmat Bibi was not the daughter of Muhammad Din. On this application the Assistant Commissioner Pasrur started a fresh inquiry. The petitioners moved the Additional Commissioner Lahore again for quashment of review proceedings but without any success. Thereafter they filed writ petition which was dismissed by a learned Single Judge of the Lahore High Court, Lahore. They assailed that order by way of Inter‑Court Appeal which was likewise dismissed. Hence the present petition. Learned counsel for the petitioners before us argued that the Assistant Commissioner Pasrur had no jurisdiction to review the mutation in dispute under section 163 of the West Pakistan Land Revenue Act as previouslylthe proceedings taken of review of the said mutation of inheritance had been quashed. This argument had also been raised before the learned Judges of the High Court and had been properly attended to by them, There is no bar provided in section 163 of the West Pakistan Land Revenue Act that if the review proceedings initiated in the first instance had been quashed these could not be restarted on different grounds. In the instant case earlier review proceedings were sought on the ground that the land in question was evacuee property and therefore it could not be made subject matter of mutation of inheritance, but the subsequent review proceedings which are now pending before the Assistant Commissioner are on the ground that Mst. Rehmat Bibi was not the daughter of the said Muhammad Din. Furthermore, the parties to the previous proceedings and the present proceedings were different. In any case the matter is still pending before the Assistant Commissioner for decision on merits. In that view of the matter it is not a fit case for interference. As a result this petition is dismissed. M.Y.H./N‑94/S Petition dismissed.