1. ' MUHAMMAD HALEEM, J.--The petitioners seek special leave to appeal against the judgment of the Lahore High Court, Lahore dated 27th June, 1979, by which Writ Petition No, 1840/R of 1976 was allowed.
2. ' The petitioners filed a Mukhbari application before the Additional Settlement Commissioner under sections 10 and 11 of the Displaced Persons (Land Settlement) Act, 1958, against deceased Siraj Din, through his son, respondent No,1 herein, alleging therein that he had only a verified claim of 85 P.I.
3. Units whereas he held an allotment of 87 Kanals and 4 Marlas of land in village Kassowal, Tehsil Daska, District Sialkot; anti that the excess land be cancelled as it was obtained by practising fraud.
4. The Additional Settlement Commissioner, by order dated 30th of Septet fiber, 1976, cancelled 73 Kanals and 6 Marlas of land and left the remaining are equivalent to 85 P.I. Units intact. The legal representatives of Siraj Din, the respondents therein, challenged this order in the High Court through the aforementioned writ petition and succeeded as the High Court held that the application was incompetent as it was filed against a dead person and further that it would make no difference even if it purported to be through respondent No,1 as that would not cure the illegality.
5. Besides, none of the other respondents were heard in whom the land had vested upon the demise of the deceased. Further, the High Court held that in the application nothing had been shown to have been done by deceased Siraj Din in getting that allotment which could be regarded as fraud or misrepresentation. Lastly, the High Court held that 4he order was arbitrary and capricious.
6. ' In seeking leave to appeal the learned counsel contended that patently the allotment was in excess of his entitlement and that it was rightly cancelled after hearing respondent No,1. But in raising this contention, the learned counsel was not oblivious of the defect that the proceedings against a dead person were coram non judice and, therefore, the Additional Settlement Commissioner had no authority to proceed further. The High Court, therefore, was correct in holding that the application was incompetent against deceased Siraj Din.
7. ' There is, therefore, no substance in this petition which is dismissed.