Dispute over allotment of land

2013 SCMR 569 SUPREME-COURT Judicial Precedent

S.42Constitution of Pakistan, Art. 185(3)Suit for declarationDispute over allotment of land

Plaintiffs/respondents filed a suit for declaration against defendants/petitioners contending that disputed property was originally allotted to a person 'S' on whose death land was mutated in favour of his widow and daughter in equal shares by way of limited estate; that widow of 'S' remarried out of which a daughter (predecessor of defendants) was born, and that after death of widow of 'S', the limited estate came to an end and plaintiffs inherited the disputed land

Trial Court decreed the suit in favour of plaintiffs

Appeal and revision filed before First Appellate Court and High Court respectively were also dismissed

Defendants by relying upon Khatooni document contended that disputed land was never allotted to 'S' but was allotted to his widow, who was held to be owner of the entire land on the directions of the Commissioner, and that after her death, her daughter (predecessor of defendants) inherited the land

Validity

Record revealed that upon death of widow of 'S' a mutation of inheritance was recorded in favour of colaterals of 'S'

Daughter of 'S' ( predecessor of defendants) filed an appeal before the Collector, which was allowed and case was remanded

During post-remand proceedings, Assistant Commissioner held that widow of 'S' was the original tenant and recommended that her daughter (predecessor of defendants) be nominated, which decision was appealed against before the Collector, who decided that 'S' was the original allottee

Appeal filed against said order of Collector was dismissed by the Commissioner

Admittedly said orders of Collector and Commissioner were never challenged, therefore, they attained finality-Orders of Collector and Commissioner were subsequent to the Khatooni document being relied upon by the defendants

Khatooni document stood superseded in such circumstances

Findings of courts below were based on a fair appraisal of evidence and law

Petition for leave to appeal was dismissed in circumstances and leave was declined.