1972 PLP 254 (SCMR)

HAMOODUR RAHMAN, C. J.‑In this appeal, by special leave, we are concerned with the case of one Mst. Aziz Bibi, who obtained an allotment of 312 kanals and 2 marlas of land in Chak No. 158/G. B., Tehsil Toba Tek Singh, District Lyallpur, on migration to Pakistan in lieu of the lands mutated in her name in India as a widow. She was the widow of one Ghulam Rasool and on his death his estate was mutated in her name as a limited owner under the custom prevailing in the District of Ludhiana in East Punjab, India. The said Ghulam Rasool died some 10 years before the Partition of the Country. After the promulgation of the West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), the appellant, claiming to be a brother of the said Ghulam Rasul, applied to the Assistant Collector, Toba Tek. Singh, for the mutation of his name in respect of 3/4th of the above‑mentioned lands allotted to Mst. Aziz Bibi. The Assistant Collector, by his order of the 22nd of July 1964, allowed the mutation. Mst. Aziz Bibi went up on appeal to the Collector who, by his order of the 9th of June 1965, cancelled the mutation. The appellant thereupon went up in second appeal before the Commissioner, Sargodha Division, but the latter dismissed his appeal on the 9th of November 1965. The appellant then went up in revision before the Board of Revenue but there too he failed. His revision was dismissed on the 20th of January 1966. Aggrieved by this, the appellant moved the High Court under Article 98 of the Constitution of 1962. The writ petition was dismissed for default on the 18th of April 1966. Further efforts to have the writ restored failed right up to this Court. Then the appellant filed a civil suit in the Court of the Civil Judge, Toba Tek Singh, but that suit was also dismissed and the dismissal was upheld on appeal by the Additional District Judge, Lyallpur. A second appeal from the same also failed in the High Court of West Pakistan, Lahore on the 27th of February 1968 mainly on the ground that the points raised were covered by the Full Bench decision in the case of Sher Muhammad v. The Additional Settlement and Rehabilitation Commissioner (P L D 1968 Lah. 234). A certificate to file an appeal under the Letters Patent was also refused, but leave was granted by this Court on the 23rd of October 1968, as leave had been granted in many other cases involving the same question, namely, as to whether a female limited owner acquired absolute title to the lands allotted to her on migration to Pakistan in lieu of the lands inherited by her as a limited owner from her husband in India. Learned counsel appearing in support of this appeal contends that since the Full Bench decision of the High Court has now itself been reversed by this Court in the case of Additional Settlement Commissioner (Land), Sargodha v. Muhammad Shafand others (P L D 1971 S C 791), the judgment of the High Court should be set aside and that of the Assistant Collector restored. This contention is correct. Since no one appears to oppose this appeal, the appeal is allowed and the order of the Assistant Collector is restored. Three‑fourth of the lands will be mutated in the name of the appellant and the remaining one‑fourth will be mutated in the name of Mst. Aziz Bibi. There will be no order as to costs. Appeal accepted.