| Citation(s) |
|---|
| 2020 SLG 2497 2020 SLD 2497 2020 CLC 2006 |
Peshawar High Court
C.Rs. Nos. 909-P, 958-P of 2014 and 173-P of 2015, decided on 17th February, 2020, Date of hearing: 17th February, 2020.
MUHAMMAD NAEEM ANWAR, JUSTICE
Mustafa Kamal for Petitioner (in C.R. No.909-P of 2014). Zia-ur-Rehman Khan for
Respondents Nos.1 to 5, 55, 57 and 61 (in C.R. No.909-P of 2014). Muhammad Riaz A.A.G. for Official
Respondents (in C.R. No.909-P of 2014). Javed A. Khan for Rest of Respon
C.Rs. Nos. 909-P, 958-P of 2014 and 173-P of 2015, decided on 17th February, 2020, Date of hearing: 17th February, 2020.
MUHAMMAD NAEEM ANWAR, JUSTICE
Mustafa Kamal for Petitioner (in C.R. No.909-P of 2014). Zia-ur-Rehman Khan for
Respondents Nos.1 to 5, 55, 57 and 61 (in C.R. No.909-P of 2014). Muhammad Riaz A.A.G. for Official
Respondents (in C.R. No.909-P of 2014). Javed A. Khan for Rest of Respon
MUZAFAR SHAH
VS
ABDUL AKBAR AND OTHERS
Law: Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967)
Section: 52
(a) Khyber Pakhtunkhwa Land Revenue Act (XVII of 1967)--- ----S.52---Suit for declaration---Inheritance---Share of issueless legal heir---Distribution---Longstanding entries of revenue record---Presumption of truth---Contention of plaintiffs was that they being legal heirs of deceased were entitled to his estate---Suit was partially decreed concurrently---Validity---Longstanding entries in the revenue record had presumption of truth---Nearer in degree did exclude the more remote---Predecessor of defendants being consanguine brother in presence of full brother would not get any share from the property of issueless brother---Share of issueless brother would be distributed among full brothers---Findings of both the Courts below were in accordance with law---Plaintiffs were entitled to the legacy of deceased---Correction of entries in the revenue papers with regard to relationship of plaintiffs with the deceased had already been made---No illegality or irregularity had been pointed out in the impugned s and decrees passed by the Courts below---Revision was dismissed, in circumstances. Mazloom Hussain v. Abid Hussain PLD 2008 SC 571; Hakim Khan v. Aurangzeb and others 1979 SCMR 623 and PLD 2018 Sindh 324 rel. (b) Islamic Law--- ----Inheritance---Agnatic heirs---Classes. The Agnatic heirs may be classified into (i) Agnatic Descendants, (ii) Agnatic Ascendant and (iii) Agnatic Collaterals (Fathers Agnatic descendants). They may be depicted in tabular form, where full brother is at Serial No.5. (c) Civil Procedure Code (V of 1908)--- ----S.115---Revisional jurisdiction of High Court---Scope---Concurrent findings of Courts below could not be set at naught by the High Court unless there were gross illegality or mis-reading and non-reading of evidence. Abdul Mateen Khan and others v. Mst. Mustakhia Khan 2006 SCMR 50 rel. JUDGMENT MUHAMMAD NAEEM ANWAR, J.---- This single judgment in the titled Civil Revision shall also decide CR No.958-P/2014 Malik Sikandar Shah and others v. Abdul Qayyum and others and CR No.173-/2015 Abdul Akbar v. Government of Khyber Pakhtunkhwa through Collector Kohat, as all these positions are arising out of consolidated judgment in Civil Appeals…
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