Law:

Section:

Islamic Law-------Inheritance---Scope---Contention of plaintiff was that he had share in the property in dispute on the basis of inheritance---Suit was decreed by the Trial Court but same was dismissed by the Appellate Court---Validity---Father of the parties was still alive whose property was in dispute---Share in the property could be claimed by way of inheritance on the occasion of demise---Suit of the plaintiff was not maintainable having no cause of action---Plaintiff was also son but he had been deprived in the impugned mutations---Assets and wealth of a person could be distributed after accruing his physical death---Courts below and revenue authorities had ignored such fact while transferring the land of an alive person to his legal heirs as "inheritance"---Impugned mutations being illegal were liable to be cancelled which were set aside---Property in question would devolve upon its original owner who was still alive---Revision was disposed of with the direction to the revenue authorities to enter the property in the revenue record in the name of original owner who was alive. Ayat No.4:7 Surrah An Nisa rel. JUDGMENT ROOH-UL-AMIN KHAN, J.---Through this revision petition, petitioner Muhammad Ibrahim, has called in question the legality and propriety of judgment and decree dated 3-7-2008, passed by the learned Additional District Judge-I, Karak whereby the judgment and decree of the learned trial Court/Civil Judge-III Karak, dated 14-10-2006, has been set aside and consequently, the suit of the petitioner has been dismissed. 2. Facts in brief forming the background of the instant revision petition are that plaintiff (petitioner herein) filed a suit for declaration to the effect that suit land, situated within the Revenue Estate of Moza Tappi Karak, fully described in the heading of the plaint, was originally the ownership of his father Saeed Ahmad/defendant No.13 (who is also predecessor of defendants Nos.1 to 12), but the same has wrongly been transferred in favour of defendants Nos. 1 to 12, on behalf of defendant No.13 excluding his name vide Mutation No.371 attested on 25-7-1978. Thus, the plaintiff claims his share in the property in question on the…

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