Law: Qanun-e-Shahadat (10 of 1984)

Section: 123,124

Law: Specific Relief Act, 1877

Section: 42

Qanun-e-Shahadat (10 of 1984)--- ----Arts. 123 & 124---Specific Relief Act (I of 1877), S.42---Suit for declaration---Person having been heard of more than 15-16 years---Presumption---Principle---Suit filed by plaintiffs was concurrently dismissed by Trial Court as well as Lower Appellate Court by applying provisions of Art.123 of Qanun-e-Shahadat, 1984---Plea raised by plaintiffs was that provisions of Art.123 of Qanun-e-Shahadat, 1984 were not applicable as missing person was not heard of for the last 15-16 years---Validity---Provisions of Art.123 of Qanun-e-Shahadat, 1984 related to death of person known to have been alive within thirty years---Plaintiffs did not assert in their plaint that missing person had died but merely sought a declaration that there was a presumption that their missing relative had expired because he had not been herd of more than 15-16 years---Plaintiffs were closest relatives of missing relative and were persons who would have naturally heard of him if he had been alive---Plaintiffs in their evidence deposed in such regard and their statements were not cross-examined by the defendants---High Court, in exercise of revisional jurisdiction set aside s and decrees passed by both the courts below as they had committed grave illegality while dismissing the suit of plaintiffs---Revision was allowed in circumstances. THIS JUDGMENT DELIVERED BY: ATIR MAHMOOD, JUSTICE:---.--- The brief facts of the case are that the petitioners filed a suit for declaration with consequential relief against the respondents alleging therein that respondent No.2 Midat Mahmud was the joint owner along with Talaat Mahmud (predecessor of the present petitioners Nos. 1 to 3 and Satvat Mahmud (petitioner No.4), of the property bearing No. 186 Upper Mall Scheme, Lahore (fully described in the plaint) as they inherited the same from their deceased parents namely Sheikh Ahmed Mahmud and Begum Imtiaz Ahmed and a suit for declaration was decreed in their favour vide judgment and decree dated 15.12.2009. It is averred that there-after Talaat Mahmud (predecessor of petitioners Nos. 1 to 3) died on 11.10.2010 and another suit was filed on 02.11.2010 by petitioners Nos. 1…

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