Law:

Section:

Muslim Family Law Ordinance, 1961 (VIII of 1961)-- ----S. 4--Children of pre-deceased daughter--Where co-heirs become owners in property left by propositus on his demise--Succession--Functionaries of revenue department--Possession of--Absence of names from mutation would not be of much consequence--Suit being time barred is liable to be dismissed--Validity--Since possession of one co-heir or any number of them would be deemed to be on behalf of even those who are out of it, preparation of every new record of rights, would confer on them fresh cause of action--No length of time would culminate in extinguishment of their proprietary or possession rights. THIS JUDGMENT DELIVERED BY: Ejaz Afzal Khan, J.- This appeal with leave of the Court has arisen out of the judgment dated 22.4.2010 of the Peshawar High Court whereby the learned Judge in its chambers dismissed the petition filed by the petitioner and maintained the judgments and decrees of the fora below. 2. Points raised and noted at the time of grant of leave read as under:-- "After hearing the learned counsel for the petitioner, we grant leave to appeal to examine, inter alia, whether:-- (i) the trial Court was legally correct in holding that the suit was not barred by time simply on the ground that entries in the revenue record conferred fresh cause of action to the plaintiffs. (ii) the suspension, under proviso to Article 203-D(2) of the Constitution, of the judgment of the Federal ShariatCourt upon filing of appeal before the Shariat Appellate Bench of the Supreme Court must operate indefinitely and the cases in the meanwhile are still to be decided in accordance with the law already declared un-Islamic by the Federal Shariat Court." 3. The learned ASC appearing on behalf of the appellant contended that where mutation witnessing the succession was sanctioned in 1978, the suit challenging the mutation, instituted in 1998, being hopelessly time barred was liable to be dismissed, therefore, the judgments decreeing the suit merit outright reversal. The learned ASC to support his contentions placed reliance on the cases of Muhammad Rustam and another v. Mst. Makhan Jan and others (2013 SCMR 299), Noor Din and…

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