MUHAMMAD SADIQ vs SETTLEMENT COMMISSIONER AND OTHERS

' After verification of Claim No, 14060 of one Chhotey Khan, a mutation of inheritance was sanctioned in favour of Abdur Rahid alias Dhoop Khan on 29th December, 1956. Land was allotted on R. L-1I/ 237 in village Talwandi, Tehsil Chunian, District Kasur on 10th March, 1957. Abdur Rashid aforesaid sold the land in favour of the predecessor-in-interest of the petitioners Nos. 1 to 6 and petitioner No, 7 for Rs, 5,500 vide mutation No, 656 sanctioned on 11th April, 1964. Respondents Nos. 2 and 3 filed a Mukhbari application against Chhotey Khan on 29th June,

104. They then filed an application for impleading the petitioners as respondents on 29th April, 19i7. The petitioners filed an application saying that as they have been impleaded as respondents after the repeal of all Settlement Laws, no proceedings against them could be instituted and for this submission they relied upon a decision in a writ petition No, 3231R of 1976, Mst.Shatabi v. Settlement Commissioner, decided by Mr. Justice Nasim Hasan Shah, now a learned Judge of the Supreme Court of Pakistan, but the officer declined to drop the proceedings, vide order dated 28th August, 1978. The petitioners have filed this Constitutional petition challenging the last mentioned order.

2. Learned counsel for the petitioners has contended that the mukhbari application filed on 29th June, 1974 was against a dead person, namely, Chhotey Khan and was, therefore, incompetent. So far as the petitioners were concerned, they were not impleaded as a party until after the repeal of all Settlement Laws w,e,f, 1st July, 1974 vide Act XIV of 1975. It is, therefore, contended that the officer has no jurisdiction to proceed in the matter.

3. Learned counsel for the respondents Nos. 2 and 3 opposes the petition.

4. The contention of the learned counsel for the petitioners is quite correct. The mukhbari application was against a dead person and was not competent. The petitioners could not be proceeded against because they were impleaded in 1977 after the repeal of all Settlement Laws from 1st July, 1974. The proceedings pending before the respondent No, 1 are, therefore, declared to be without lawful authority and of no legal effect. In the circumstances of the case, the parties shall bear their own costs.