| Citation(s) |
|---|
| 2017 SLG 1531 2017 SLD 1531 2017 SCMR 1476 |
Supreme Court of Pakistan
Civil Appeal No. 694 of 2008, decision Dated: 15th May,2017. Heard on: 1st March, 2017. (On appeal from thejudgment Dated 5.10.2004 passed by the Lahore High Court,Lahore in C.R. No. 3562 of 1994)
MUSHIR ALAM, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Muhammad Ilyas Sheikh, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellants.Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondents Nos. 1, 2, 3(ii) and 5.
Civil Appeal No. 694 of 2008, decision Dated: 15th May,2017. Heard on: 1st March, 2017. (On appeal from thejudgment Dated 5.10.2004 passed by the Lahore High Court,Lahore in C.R. No. 3562 of 1994)
MUSHIR ALAM, JUSTICE, MAZHAR ALAM KHAN MIANKHEL, JUSTICE
Muhammad Ilyas Sheikh, Advocate Supreme Court and Ch. Akhtar Ali, Advocate-on-Record for Appellants.Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for
Respondents Nos. 1, 2, 3(ii) and 5.
KHAN MUHAMMAD THROUGH L.RS AND OTHERS --AppellantSVSMST. KHATOON BIBI AND OTHERS --RespondentS
Law: Specific Relief Act, 1877
Section: 42
Law: Limitation Act, 1877
Section: 120,42
(a) Specific Relief Act (I of 1877) ---.--- ---.--- -S. 42 ---.--- Limitation Act (IX of 1908), Art. 120 ---.--- Suit for declaration seeking correction of revenue record ---.--- Limitation ---.--- Fresh cause of action ---.--- Scope ---.--- Generally, the time provided for filing a suit for declaration under Art. 120 of the Limitation Act, 1908 was six years ---.--- In cases of simple correction of revenue record, every fresh wrong entry in the record of rights would provide fresh cause of action provided the party aggrieved was in physical or symbolic possession of the property as owner. (b) Specific Relief Act (I of 1877) ---.--- ---.--- -S. 42 ---.--- Limitation Act (IX of 1908), Art. 120 ---.--- Suit for declaration in relation to a claim of inheritance ---.--- Limitation ---.--- Where a right of inheritance was claimed, the claimant became co -owner/co-sharer of the property left by the predecessor along with others the moment the predecessor died ---.--- Entry of mutations of inheritance was only meant for updating the revenue record and for fiscal purposes ---.--- No limitation would run against the co-sharer. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1; Riaz Ahmad and 2 others v. Additional District Judge and 2 others 1999 SCMR 1328; Mst. Suban v. Allah Ditta and others 2007 SCMR 635; Muhammad Anwar and 2 others v. Khuda Yar and 25 others 2008 SCMR 905 and Mahmood Shah v. Syed Khalid Hussain Shah and others 2015 SCMR 869 ref. (c) Punjab Muslim Personal Law (Shariat) Application Act (V of 1962) ---.--- ---.--- -Ss. 2, 2-A, 3 & 5 ---.--- Muslim Family Laws Ordinance (VII of 1961), S. 4 ---.--- Colonization of Government Lands (Punjab) Act (V of 1912), Ss. 10(2) & 19-A ---.--- Occupancy rights, inheritance of ---.--- Scope ---.--- Daughter of pre-deceased son of propositus ---.--- Propositus was recorded as an occupancy tenant of subject land owned by the Provincial Government ---.--- Occupancy rights of propositus devolved upon his only surviving son to the extent of 1/2 shares and the remaining half went to the two widows of his pre-deceased son as holders of limited estate as per custom prevailing in the area ---.---…