ALLAH RA KHI vs SUGHRA BIBI And OTHER
This constitutional petition challenges the orders of the revenue authorities cancelling the land allotment originally made to the petitioner's deceased mother. The core legal question is whether land allotted strictly for the maintenance of a deceased person can be inherited by her legal heirs and whether notice is required to be given to such heirs prior to cancellation. The Lahore High Court held that an allotment made exclusively for maintenance purposes terminates upon the death of the allottee, whereupon the land reverts to the state, and no notice is required to be issued to the heirs since they hold no inheritable right in such property. The petition was dismissed in limine.
- Does land allotted for the sole purpose of maintenance devolve upon the legal heirs of the deceased allottee?
- Is notice required to be given to the legal heirs before cancelling a maintenance allotment upon the death of the allottee?
ORDER
The facts giving rise to this petition are that the land in dispute was allotted to Mst. Mehr Bibi, widow of Hasham Ali, mother of the petitioner, for maintenance purposes on 7th of March, 1960. This allotment was cancelled by respondent No. 2, Additional Settlement Commissioner (Land), Sialkot, on 28th of January, 1970, on the ground that after the death of Mst. Mehr Bibi, the disputed land could not remain with her heirs. The petitioner filed appeal against that order but the same was rejected by the Settlement Rehabilitation Commissioner by his order, dated 11th of November, 1971 (vide Annex: 'C'). The petitioner has now challenged the impugned orders passed against her by filing the present petition.
2. It has been contended that the order for cancelling the allotment of land in favour of Mst. Mehr Bibi, was made in the. Absence of. The petitioner and without notice to her. It is contended the petitioner was the legal heir of her mother, therefore, the impugned order could not be passed in her absence.
3. It is admitted that the land in dispute was allotted to Mst. Mehr Bibi for the purpose of maintenance only and the name of the petitioner as her dependent was never included in the relevant document. If the land had been given against her verified claim or had been allotted on quasi-permanent basis then the same could be inherited by the petitioner being her legal heir after the death of her mother. In the present case the land was given for specific purpose, i.e. Maintenance of the deceased, Mehr Bibi only. After the death of the allottee that purpose came to an end. Obviously the land in that case would revert to the authority which had given the same. In the circumstances, no notice was required to be issued to the petitioner because she could not inherit the property in dispute I, therefore, do not see any reason to interfere with the impugned orders. The petition has no substance and the same is dismissed in limine.
Cited by 5 cases
- KALA through L.Rs, and others vs Mst. KAMO BEGUM through L.Rs, and others 2013 SCMR 1558
- MUHAMMAD BIBI vs PROVINCE OF PUNJAB Through Collector, Gujranwala 2006 CLC 586
- Muhammad Bibi vs Province Of The Punjab Through Collector Gujranwala K.L.R. 2006 Civil Cases 291
- FEROZE BEGUM and 8 others vs MUHAMMAD KHAN and 3 others 2001 YLR 42
- MUHAMMAD BIBI vs PROVINCE OF PUNJAB through COLLECTOR GUJRANWALA 2006 PLJ Lahore 773