1983 PLP 1055 (CLC)

Noor Akhtar Khan for the Complainant. Sher Muhammad Khan for Respondents. Date of institution : 4th March, 1981. This complaint by Ali Afsar Khan is made to this Court against the respondents under the provisions of Multiple Allotment Act to the effect that the respondents being members of the one and the same family which was headed by their father managed to obtain allotments of evacuee pro perty in their names in addition to the allotment of their father beyond the prescribed scale to which they were not entitled under law. It is alleged that Nawazish Ali, father of the respondents had to take refuge in Azad Kashmir in 1947 alongwith his sons who were then minors and in no way, thus any one of them was constituting a separate family. According to the complaint, they were very well included in the family of their father for purpose of allotment of the evacuee property so as to be rehabilitated when allotment of evacuee property measuring 49 konals and 13 marlas under Survey Nos. 63, 65, 67 and 139 situated in village Bani Passari was made to their father. On the death of their father, the land allotted to the deceased reverted to them as his legal heirs who inherited the property allotted to their father excluding their sisters as the latter after wards became the members of other families of their husbands. It was so presumed as the entire land allotted to their father was apportioned by the sons equally vide declaration form Exh. P.K. Allotment of the land under survey No. 537 measuring 5 kanals and 15 marlas situated in village Bani Passari was also made in favour of the respondents jointly. Declaration Form Exh. PK. supported by an affidavit thereto was filed by the respon dents before the Custodian in which their father was shown as the head of their family for the sake of indication of a valid allotment in their favour. Nawazish Ali, father of the respondents, could have obtained allotment of only 64 kanals of land including any allotment in favour of any member of his family. The respondents being employees of the Revenue Department/Rehabilitation Department maneuvered and manipulated to obtain separate allotments as well in their favour in excess of the scale prescribed, they say. The written objections to the complaint were filed by the respondents. Said Hussain claims a separate family for the purpose of allotment whereas two others admit to have been included in the family of their father who is dead now. In declaration form Exh. P.K. referred to above, the father of the respondent is shown as head of the family to whom allotment of 49 kanals and 13 marlas of evacuee property was made by the Rehabilitation Authori ties as `Sarperast' i. e. head of his family including his sons and after his death an allotment of 5 kanals and 15 marlas was jointly made to his sons who are shown therein as the members of the family of their father vide allotment chit Exh. P.E. This allotment was made to the sons just to make up the deficiency in the allotment of their father. The age of Said Hussain respondent is given 43 years in the declara tion form Exh. P.L. This declaration is an attested copy of the declaration form filed by Said Hussain. The forms of declarations were submitted in March, 1979 before the Custodian. According to the entries therein, Said Hussain should have been about 11 years of age at the time their father was forced to leave Occupied Kashmir. Thus the attestation Exh. D.A. adduced by Said Muhammad respondent with respect to his age which appeals to have been obtained just to show that he was major at the time of his migration bears no authenticity. His coming to Bagh being a major at the relevant time is absolutely false. One of his witnesses namely Muhammad Hussain stated that he separately stayed at the house of one Muhammad Akram Shah alongwith his wife and not at the house of Mahboob Shah a witness who had stated that Said Hassain lived in his house. According to Muhammad Hussain, Nawazish Ali father of the respondents stayed at the house of Mahboob Shah but Mahboob Shah stated that he did not reside in his house but in the house of some Mubarik Shah. To show separation from Nawazish Ali, it was stated by Mahboob Shah that father of the respondents came to Bagh in 1951 whereas Said Hussain in the year, 1952. It was contradicted by Wazir Muhammad a witness who deposited that Said Hussain came to Bagh in 1955. Therefore, his coming to Bagh as an independent person alongwith his wife does not stand proved. Nawazish Ali, father of respondents was having free ration (provisions) on a ration card till the allotment of land to him. There were 8 members of his family and by appreciation of the evidence with regard to the number of the members of the family of father of the respondent Said Hussain is found included in the family of his father while being a minor. A multiple allotment means allotment of evacuee property obtained by a person in his or her own name or in the name of any other person dependent upon him or upon her in Pakistan or in Azad Jamo & Kashmir Territory, as the case may be. In the circumstances above it is found beyond a shadow of doubt that the two of the respondents were the dependent members of the family of his father at the time of their migration and Noor Hussain was not born then. He was born at Bagh. That being so, for the purpose of obtaining allotment of evacuee property none of the respondents can be taken as a member of a separate family. They all constitute a single family for the purpose of allotment which cannot go beyond a prescribed scale of 64 kanals of land. The respondents are wrong to say that allotment of 5 kanals and 18 marlas of land under Survey No. 67 was cancelled from the name of their father. It could not be proved as such. It is very well included in the prayer for conferment of proprietary rights on them vide Exh. P.K. Survey No. l87 measuring 19 kanals and 9 marlas was also stated to have been cancelled from the name of Said Hussain. In the Revenue papers its cancellation was also not proved but the respondents have no claim to it. The proprietary rights in respect of Survey No. 67 measuring 5 kanals and 18 rnarlas stand claimed by the respondents before the Custodian as pointed out earlier and as such it cannot be deemed as cancelled from the names of the respondents. The total measurement of the lands allotted to the respondents comes to 117 kanals and 15 marlas under survey numbers namely 63 measuring 18 kanals. 85 measuring 4 kanals 2 marlas, 67 measuring 5 kanals 18 marlas, l39 measuring 21 kanaix 13 marlas, 537 measuring 5 kanals 15 marlas. 541 measuring 2 kanals 14 marlas, 543 measuring 2 kanals 12 marlas, 606 measuring I kanal 10 inarlas, 51 1 measuring 9 marlas, 538 measuring 6 marlas, 143 measuring 4 kanals and I marla, 187 measuring 19 kanals 9 marlas situate in Village Bani Passari and Survey No. 408 measuring 33 kanals 18 rnarlas situate in Village Paniali, Tehsil Bagh. The lands which were allotted to their father measured 49 kanals and 13 marlas. To this allotment, 5 kanals and 15 marlai under Survey No. 537 and 9 kanals under Survey Nos. 541, 543, 606, 511, 538 and 143 when added, it makes the total 64 kanals and a bit above. The allotment under these survey numbers to the extent of prescribed scale shall stand. The allotment of Survey Nos. 187 and 408 referred to above are cancelled hereby, the allotments of which shall be made to the deserving persons by the Rehabilitation Autharities. That being so, this complaint is disposed, of accordingly. Copies of this order shall be sent to the Custodian and the, Rehabilitation Commissioner for information and necessary action under law.