Punjab Rehabilitation Settlement Scheme
Punjab Rehabilitation Settlement Scheme legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Inheritance in case of non-confirmed allottee to be governed by para. 46 of Punjab Rehabilitation Settlement Scheme.
Inheritance, in the case of non-confirmed allottee would be governed by para. 46 of Punjab Rehabilitation and Settlement Scheme and the question of inheritance was not open to be agitated before the Civil Court
Predecessor of the parties died even before the allotment of the land
Where the inheritance mutation was attested in the year 1954, and further appeals and proceedings were in continuation of the same, Civil Court had no jurisdiction in the matter
Judgment and decree passed by Appellate Court were set aside and that of the Trial Court were restored.
Art. 98 and Pakistan Rehabilitation Act (XLII of 1956), S. 13 read with Punjab Rehabilitation Settlement Scheme, para. 67-Writ proceedings-Relief, held, must be confined to prayer made in writ petition and High Court cannot issue a writ suo motu-(Writ].
Punjab Rehabilitation Settlement Scheme No. 52, paras. 1, cls. (viii), 9(a) & 23 read with West Pakistan Rehabilitation Scheme No. 56, para. 4(a)
Provisions of para. 4(a), Rehabilitation Settlement Scheme No. 56-Not retrospective-Cannot operate retrospectively against allotments made earlier under Punjab Rehabilitation Scheme No. 52-Land allotted on temporary basis to Jammu and Kashmir refugees in lieu of maintenance-Not excluded from allotment under Punjab Rehabilitation Settlement Scheme No. 52-Allotment in lieu of maintenance to Jammu and Kashmir refugees-Not a "temporary allotment" in terms of para. I(viii) and hence does not enjoy benefit of para. 9(a) or 23 of Punjab Rehabilitation and Settlement Scheme No. 52.
Ss. 4 & 14 read wish Punjab Rehabilitation Settlement Scheme, 1952, Chap. II, Part I, paras. 8 & 8-A-Allotment of land to mortgagor displaced person under para. 8 of Scheme subject to payment of mortgage money "which may subsequently be determined"-Mortgage money, however, remaining undetermined until land acquired under S. 4-Basis for such determination of mortgage money can be fixed only by a scheme made by Chief Settlement Commissioner under S. 14-Making of a provision like para. 8-A of Rehabilitation Settlement Scheme within lawful authority of Chief Settlement Commissioner-No valid exception can be taken to exercise of that power
Pakistan Rehabilitation Ordinance (XIX of 1948), S. 7 Pakistan Rehabilitation Act (XL1I of 1958), S. 6 (1) read with West Pakistan Rehabilitation Settlement Scheme, 1956, Chap. II, Part I, paras. 8 & 8-A.
"Punjab Rehabilitation Settlement Scheme", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/14968
Precedents & Case Laws citing "Punjab Rehabilitation Settlement Scheme"
P L D 1973 Lahore 215
ALLAH DITTA AND ANOTHER‑Petitioners Versus Raja SAEED AKHTAR‑Respondent
Court:P L D 1977 Lahore 747
MUHAMMAD KHAN AND 2 OTHERS-Appellants Versus KARIM BAKHSH AND 2 OTHERS-Respondents
Court:P L D 2005 Lahore 641
Mst. FATIMA BEGUM and another — Petitioners Versus KHUSH NASEEB KHAN and others — Respondents
Court: High CourtP L D 1966 (W
AHSANULLAH KHAN‑Petitioner Versus CHIEF SETTLEMENT COMMISSIONER, WEST PAKISTAN‑Respondent
Court: High Court1982 S C M R 549
AKHTAR ABBAS AND OTHERS-Petitioners Versus NAYYAR HUSSAIN-Respondent
Court: High CourtP L D 1966 (W
MUHAMMAD HUSSAIN‑ — Petitioner Versus (1) CHIEF SETTLEMENT AND REHABILITATION COMMISSIONER, AND
Court: (c) West Pakistan Rehabilitation Settlement Scheme, 1957, para. 42‑Urban land entered in revenue records as "sakni" (residen tial) from before 1947, and got entered "fraudulently" as "baram" and "chahi" in 1960‑61; land having a building on it; and assessed to Property and House taxes‑Cannot be allotted as agricultural land under paragraph 42 aforesaid, but as "house" under Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958), S. 2 (4) read with Schedule, para. 1‑Displaced Persons (Land Settlement) Act (XLVII of 1958), S. 2 (3)‑Definition of "land"‑Supplementary Scheme No. 2, paras; 3, 5.P L D 1980 Supreme Court 76 Present : Muhammad Haleem and G
ZAFARULLAH AND 23 OTHERS-Appellants Versus MUHAMMAD SIDDIQ AND OTHERS-Respondents
Court: 5. 20-Review-Order passed by Rehabilitation Commissioner never challenged before any forum including High Court-Settlement Commissioner devoid of jurisdiction to sit in review over such order Settlement Commissioner even if supposed to have such jurisdiction, held, could not, without condoning delay of more than a decade suffered by revision application filed before him. set aside order of Rehabilitation Commissioner.-Review-Delay.P L D
SULLMAN AND OTHERS‑ — Petitioners Versus KHUSHI MUHAMMAD‑ — Respondent
Court:1992 S C M R 1365
WALI MUHAMMAD ‑‑‑Appellant Versus MUHAMMAD SHAFI and another‑‑‑Respondents
Court: Supreme Court of PakistanP L D 1968 Lahore 234
SHER MUHAMMAD‑Petitioner Versus THE ADDITIONAL REHABILITATION COMMISSIONER,
Court: Custom (Punjab)‑---Widow‑Nature of widow's estate‑Widow "owner" of her life‑estate‑Reversioners have no right or interest in praesenti in property held by widow as a life‑tenure‑Punjab Refugees (Registration of Land Claims) Act (V of 1949), S. 4 Widow registering a claim under Act (V of 1949) does so as an owner, within purview. of para. 2, Chap. 11, Part I, Rehabilitation Settlement Scheme, "in her own right", and not on behalf of reversioners‑Becomes vested with heritable and transferable right on confirmation of her allotment‑Collaterals of last male owner have no control on her power of disposition or have a right to succession‑Widow is entitled to permanent settlement, under Ss. 15 & 16, Displaced Persons (Land Settlement) Act (XLVII of 1958), of land confirmed to her, and is competent to alienate same‑Is succeeded by her own personal heirs and not by heirs of last male owner‑Rehabilitation Settlement Scheme (Punjab), Part 11, para. 46‑A not applicable to her‑Memo. No. 4539‑65/1964‑R(L), dated 14‑4‑1966 from Deputy Secretary (Rural) to Chief Settlement Commissioner does not embody a "condition" of grant of land Mst. Kauri v. Jamiat Singh 34 P R 1893 ; Mst. Durgo v. Prem Singh A I R 1924 Lah. 196 and Mst. Fateh Nishan v. Ahmad Shah AI R 1914 Lah. 414 dissented from.