| Citation(s) |
|---|
| 2015 SLG 2999 2015 SLD 2999 2015 YLR 2425 |
Peshawar High Court
C.R. No. 236-A of 2013, decided on 8th December, 2014.
HAIDER ALL KHAN, J
Junaid Anwar Khan for Petitipners. Azhar Nadeem Swati for
Respondents.
C.R. No. 236-A of 2013, decided on 8th December, 2014.
HAIDER ALL KHAN, J
Junaid Anwar Khan for Petitipners. Azhar Nadeem Swati for
Respondents.
ATIQ-UR-REHMAN and others
VS
MUHAMMAD SHAFIQUE and others
Law:
Section:
Islamic law--- --Inheritance-Scope-Contention of plaintiffs was that they were the only legal heirs of deceased and as such were owners of suit property---Suit was dismissed concurrently---Validity---Nothing was on record to show that deceased had ever disowned the fact that defendant was his son---Nobody had disputed the said fact prior to institution of present suit which was filed after the death of father of plaintiffs---Defendant was a legitimate child of deceased father of plaintiffs---No illegality had been pointed out in the impugned s passed by the courts below---Revision was dismissed in circumstances. JUDGMENT HAIDER ALI KHAN, J.---This revision petition is directed against the judgment and decree dated 14-3-2013 passed by learned Additional District Judge, Balakot, whereby the appeal of the present petitioners against the judgment and decree dated 14-12-2010 of the learned Civil Judge-II, Balakot was dismissed. 2. The brief and essential facts leading to the present petition are that the petitioners instituted suit No.75/1 of 2004 seeking declaration to the effect that they along with pro forma respondents were the only legal heirs of deceased Muhammad Rafique son of Azizullah and as such, they were owners of property bearing Khata No.1802/2403 Khasra No.2447 measuring 10 Kanals 5 Marlas, Khata No.952/1286, Khasra No:1994 measuring 2 Kanals 17 Marlas, Khata No.953/1 287 Khasra No.1991 measuring 17 Kanals 15 Marlas, Khata No.954/1288 Khasra No.1995 measuring 32 Kanals 12 Marlas, and Khata No.955/1289 Khasra No.1990 measuring 3 Marlas, situated in Mauza Balakot, Tehsil Balakot District Mansehra as enumerated in Jamabandi for the year, 2002--2003 and respondent No.1 has got no right to inherit the disputed property and his claim that he being legal heir of deceased Muhammad Rafique was consanguine or uterine brother of the petitioners was wrong, against the fact and ineffective on the rights of the petitioners. The petitioners also prayed for perpetual injunction restraining respondent No.1 from claiming himself to be the legal heir of deceased and owner of the disputed property. 3. Respondents, when put on notice, only respondents Nos.1, 3 and 4…
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