| Citation(s) |
|---|
| 2001 SLG 2361 2001 SLD 2361 2001 CLC 446 |
Lahore High Court
Civil Revision No.633/D of 1999, heard on 27-09-2000
DR. MUNIR AHMAD MUGHAL, J
Ehsanullah Khan Lilla for Petitioner. Sh. Naveed Shaharyar for
Respondents
Civil Revision No.633/D of 1999, heard on 27-09-2000
DR. MUNIR AHMAD MUGHAL, J
Ehsanullah Khan Lilla for Petitioner. Sh. Naveed Shaharyar for
Respondents
MUHAMMAD ASHRAF and another
VS
FAISAL MASOOD and 2 others
Law:
Section:
(a) West Pakistan Land Revenue Act (XVII of 1967)-------S. 45---Islamic Law---Inheritance---Mutation---Correction of---Suit-land was gifted to the plaintiff on account of murder of his father as a Diyat--Revenue Authorities mutated the suit-land in favour of the brothers of the deceased---Plaintiff assailed the disputed mutation before Civil Court---Suit was dismissed by the Trial Court, but the Lower Appellate Court allowed the appeal and decreed the suit---Validity---Defendants were not the legal heirs of the deceased and the donor had denied to have gifted the suit-land to them---Judgment of the Lower Appellate Court did not suffer from any illegality and the High Court refused to interfere in the same---Plaintiff being not the only heir of the deceased, High Court modified. the and decree of the Lower Appellate Court and directed the Revenue Authorities to also include the names of the other legal heirs in the mutation of suit-land according to their respective shares. (b) Islamic Law--- ----Inheritance---Distribution of shares among legal heirs---Regulations about inheritance recorded. Holy Qur'an: IV: 7 ref. (c) Islamic Law--- ---- Inheritance---Tarka (legacy), distribution of---Procedure discussed. Holy Qur'an: IV: 11 to 14 ref. (d) Islamic Law-- ---- Diyat, payment of---Guidelines. The Holy Qur'an:II: 178 and 179; XVII: 33 and XVII: 34 ref. JUDGMENT This is a revision petition under section 115, C.P.C. against the judgment and decree passed by the learned Additional District Judge, Mandi Bahauddin whereby he accepted the appeal and set aside the judgment and decree, dated 14-4-1999 of the learned Senior Civil Judge, Mandi Bahauddin. 2. Briefly stated the facts of the case are that Muhammad Anwar father of respondent No.1 and one Nazir Ahmad were murdered on 30-9-1988 in which Muhammad Ashraf son of Sultan and 10 others were challaned. During the trial a compromise was effected between the parties. According to which 160 Kanals of land owned by respondents Nos.2 and 3 i.e. Muhammad Ashraf son of Sultan and Mst. Sultan Bibi daughter of Dada was gifted in equal shares to respondent No.1 and the petitioners and that respondent No.1 filed a suit for…
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