' This writ petition has been filed by the heirs of deceased lady Mst. Umran Bibi on the ground that they had not been brought on the record or made party- to the Mukhbari proceedings till the repeal of the Displaced Persons (Land Settlement) Act, 1958 and since Mst. Umran Bibi had died in 1958, therefore, the proceedings instituted and sought to be continued against a dead person were a. Nullity.
2. The brief facts are that Mst. Umran Bibi was a claimant displaced person who had a verified claim No, 11903. She died in the year 1958 before any allotment could be made. It is not disputed that the allotments which were obtained by the sons and daughters of the deceased claimant were within the limits of her claim.
3. However, I need not go into the details of merits of the case for the simple reason that there is a strong objection raised by the petitioners that the allotment made in this case was that of Mst.
Umran Bibi which was not questioned. The legal heirs of Mst. Umran were not made party to the Mukhbari proceedings till the . Repeal of the Displaced Persons (Land Settlement) Act, 1958 on 30- 6-1974 by Act XLV of 1975. It is stated that most of the heirs were not impleaded as party to the proceedings at all and yet an order adverse to their interest has been passed by the notified officer. The matter stands concluded on the short point by a decision of this Court reported in re : Muhammad Sadiq v. Settlement Commissioner, etc. that Mukhbari proceedings instituted against a dead person are a nullity and that the proceedings would be deemed to be instituted against the heirs the day A they are brought on the record. In the meanwhile, the Displaced Persons (Land1 Settlement) Act having been repealed and the heirs not having been brought on the record, the mukhbari proceedings to their prejudice would be coram non judice.
4. Nothing has been urged before me to take a contrary view. Therefore, respectfully following the judgment of this Court I would hold that the impugned order of the notified officer suffers from serious infirmity inasmuch as the heirs of Mst. Umran Bibi had not been impleaded as parties to the mukhbari proceedings till the repeal of the Act. I therefore have no hesitation in declaring the order of the notified officer to be without lawful authority and of no legal effect. The result is that this writ petition is accepted but in the circumstances of the case there shall be no order as to costs. NLR 1980 Lah. 817