| Citation(s) |
|---|
| 2012 SLG 2501 2012 SLD 2501 2012 YLR 2087 |
Lahore High Court
Writ Petition No. 3258 of 2004/BWP, decided on 16th June, 2011
AMIN-UD-DIN KHAN, J
Raja Muhammad Sohail Iftikhar for Petitioners. Naveed Khalil Chaudhry, A.A.G. and M. Sultan Watto for
Respondents
Writ Petition No. 3258 of 2004/BWP, decided on 16th June, 2011
AMIN-UD-DIN KHAN, J
Raja Muhammad Sohail Iftikhar for Petitioners. Naveed Khalil Chaudhry, A.A.G. and M. Sultan Watto for
Respondents
MUHAMMAD HANIF
VS
MEMBER, BOARD OF REVENUE and others
Law:
Section:
West Pakistan Land Revenue Act (XVII of 1967)--- ----S.42---Specific Relief Act (I of 1877), S.42---Constitution of Pakistan, Art.199---Constitutional petition---Suit for declaration---Mutation of inheritance of deceased attested in favour of defendants excluding plaintiff's name as legal heir of deceased and sale of partial land by one of legal heirs---Passing of consent decree by Trial Court after setting aside suit mutation and directing revenue authorities to decide afresh inheritance of deceased according to Sharia---Non-implementation of such decree by revenue authorities---Order of High Court passed in previous constitutional petition directing revenue authority to implement such decree by attesting afresh inheritance mutation of deceased in favour of all his legal heirs including petitioner---Refusal of authorities in revenue hierarchy to implement such decree and order of High Court on application of purchaser---Validity---High Court after accepting previous constitutional petition had directed revenue authorities to implement such decree in presence of purchaser of suit property from one of legal heirs---High Court set aside impugned order of revenue authorities after declaring same to be illegal and against earlier directions of High Court and directed Revenue Officer to review suit mutation of inheritance and sale mutation in favour of purchaser by excluding share of petitioner, if required; and that if share of legal heirs, who sold suit-land to purchaser, was shorten, then purchaser would have every right to have compensation from such legal heirs. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this Writ Petition the petitioners have called in question the validity of orders dated 8-6-2004, 13-8-2002 and Mutation No.472 passed by respondents Nos.1, 2 and 4 respectively and for issuance of direction to respondents Nos. 3 and 4 to incorporate and implement the order of this court dated 20-1-2000. 2. The brief facts leading to the present writ petition are to the effect that Sardar Ali predecessor-in-interest of the petitioners and respondents Nos. 5 to 15 died in the year 1966 leaving 13 Acres of land situated in Chak No.10 Gijyani Teshil Chishtian…
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