| Citation(s) |
|---|
| 1973 SLG 88 1973 SLD 88 1973 SCMR 230 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 379 of 1966, decision dated: 7th October 1966.(On appeal from the judgment and order. of the High Court of West Pakistan Lahore, dated the 27th April 1966, in Letters Patent Appeal No. 363 of 1965)
A. R. CORNELIUS, C.J., FAZLEAKBAR AND MUHAMMAD YAQUB ALL, JJ
Yusuf Ali Khan, Advocate High Court (M. S. Baqir, Advocate Supreme Court with him) instructed by Salim Ahmad Malik, Attorney for Petitioners. M. Yaqub Akhtar, Advocate Supreme Court instructed by Kamal Mustafa Bokhari, Attorney for
Respondent.
Civil Petition for Special Leave to Appeal No. 379 of 1966, decision dated: 7th October 1966.(On appeal from the judgment and order. of the High Court of West Pakistan Lahore, dated the 27th April 1966, in Letters Patent Appeal No. 363 of 1965)
A. R. CORNELIUS, C.J., FAZLEAKBAR AND MUHAMMAD YAQUB ALL, JJ
Yusuf Ali Khan, Advocate High Court (M. S. Baqir, Advocate Supreme Court with him) instructed by Salim Ahmad Malik, Attorney for Petitioners. M. Yaqub Akhtar, Advocate Supreme Court instructed by Kamal Mustafa Bokhari, Attorney for
Respondent.
MUHAMMAD RAZA KHAN AND 5 others
VS
AHMAD ALI KHAN
Law:
Section:
Rehabilitation (Land) Settlement Scheme, paras. 46 & 46-AInheritance-Succession to estate of deceased determined after amendment of paras. 46 & 46-A entitling son of deceased daughter of right-holder to be Included in list of heirs-Petitioners' suit for declaration of their being exclusive heirs of deceased also dismissed by civil Court-Respondent's claim to inheritance being in accord with terms of para. 46, respondent, held, rightly given share In land. ORDER MUHAMMAD YAQUB AL1, J.-It is contended that before paragraph 46 of the Rahabilitation (Land) Settlement Scheme Was amended on the 4th of March 1954, whereby the son of a deceased daughter of a right holder was included in the list of his heirs succession in the case had opened out and the land in dispute had been allotted and confirmed in the name of Muhammad Hassan Khan, father of the petitioners. On this premises it is claimed that Ahmad Ali Khan, respondent, who is son of the predeceased daughter of Sarfraz Khan was not entitled to succeed. The plea raised is without any basis. According to the entries in R. L. II Annexure "A" at page 39 of the printed paper book the land was allotted in the name of Sarfraz Khan and Muhammad Hassan Khan had agreed to the proposal as an heir of the right-holder. No mutation of inharitance of Sarfraa…
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