Case Details

Citation(s)
2018 SLG 1610 2018 SLD 1610 2018 CLC 1070
Lahore High Court
Civil Revision No. 286-D of 2016, heard on 19-09-2017.
MUJAHID MUSTAQEEM AHMED, JUSTICE
Azeem ul Haq Pirzada and Rana Zulfiqar Ali for Petitioners. Malik Muhammad Shahzed Fareed Langerial for
Respondent No.1.

ALLAH BAKHSH THROUGH L.RS.

VS

MST. BAKHTAWAR AND 3 OTHERS

Law:

Section:

(a) Inheritance--- ----Mutation---Relinquishment on behalf of minor---Void order, setting aside of---Limitation---Relinquishment of right of inheritance on behalf of minor---Effect---Contention of plaintiffs was that impugned mutation of inheritance was against facts and law and ineffective upon their rights while the defendants contended that suit filed by the plaintiffs was time barred---Suit was decreed concurrently---Validity---Plaintiff had succeeded to prove that at the time of opening of succession/attestation of impugned mutation she was minor---Plaintiff being successor-in-interest of deceased was entitled to inherit his legacy and was co-owner/co-sharer of suit land---Plaintiff was not competent to make any transaction or enter into an agreement or even to make consent for relinquishment of her right---Any transaction made by her or on her behalf against her interest was liable to be declared void ab initio and struck down---Question of limitation would not arise in case of setting aside a void order---Void order had no legal worth in the eye of law---Impugned mutation was void ab initio for having been fraudulently entered and attested on behalf of minor during her minority---Plaintiff along with her other sister was deprived from the revenue estate of deceased on the ground that they had relinquished their right of inheritance in favour of defendants---Plaintiff did not appear before the revenue officer at the time of attestation of impugned mutation---Even if mother or paternal uncle of plaintiff-minor had made any consenting statement on her behalf same had no binding effect upon the rights of plaintiff---Limitation would not run against impugned Mutation of inheritance being ineffective qua right of plaintiff---Impugned s and decrees did not suffer from mis-reading or non-reading of evidence---Revision was dismissed in circumstances. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1; Khan Muhammad through L.Rs. and others v. Mst. Khatoon Bibi and others 2017 SCMR 1476; Ghulam Qadir and others v. Sh. Abdul Wadood and others PLD 2016 SC 712 and Mst. Zaitoon Begum v. Nazar Hussain and another 2014 SCMR 1469 rel. (b) Limitation---…
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