| Citation(s) |
|---|
| 2018 SLG 1763 2018 SLD 1763 2018 YLR 1652 |
Lahore High Court
C.R. No. 2662 of 2014, decision Dated: 09-02-2018.
SHAHID MUBEEN, JUSTICE
Pervaiz Inayat Malik for Petitioners. Mian Muhammad Aslam for
Respondents Nos.3(i) to (x).
C.R. No. 2662 of 2014, decision Dated: 09-02-2018.
SHAHID MUBEEN, JUSTICE
Pervaiz Inayat Malik for Petitioners. Mian Muhammad Aslam for
Respondents Nos.3(i) to (x).
KALSOOM AKHTAR AND 2 OTHERS
VS
SARDAR MUHAMMAD THROUGH L.RS. AND OTHERS
Law:
Section:
(a) Civil Procedure Code (V of 1908)--- ----O. XX, R. 13---Constitution of Pakistan, Art. 172 (1)---Administration suit--- Ownerless property--- Escheat, doctrine of---Applicability---Both the parties could not prove that disputed Ihata was in the ownership of deceased---Record revealed that said Ihata was in the ownership of Federal Government---Man could tell a lie but a document could not---Suit property should vest with the Federal Government under the principle of Escheat---Findings recorded by the Courts below to the extent of disputed Ihata were reversed---Impugned s and decrees to the extent of findings on other issues would remain intact---Parties would be at liberty to file an application for allotment of said Ihata and if filed the same should be decided in accordance with law by the competent authority---Revision was disposed of accordingly. Haji Muhammad Boota and others v. Member (Revenue), Board of Revenue, Punjab and others PLD 2003 SC 979; Nanney Khan through Attorney v. Muhammad Dawood Khan and another 2015 YLR 1652; Ghulam Rasool v. Abdul Rashid and others 2007 MLD 515; Ravi Dutt Kapur v. Deputy Commissioner/ Collector, Jhang and 9 others 1999 CLC 500 and Muhammad Sadiq v. Taj Muhammad and 2 others 1994 CLC 326 rel. (b) Escheat, doctrine of--- ----Meaning---"Escheat" signifies a reversion of property to the State in consequence of a want of any individual competent to inherit. Black's Law Dictionary Legal Dictionary 2nd Edition rel. THIS ORDER PASSED BY: SHAHID MUBEEN, JUSTICE:---.--- Respondents Nos. 1 and 2(i) to (vii) have already been proceeded against ex parte. 2. Through this civil revision filed under Section 115 of the Civil Procedure Code, 1908 the petitioners have assailed the judgment and decree dated 19.06.2014 passed by learned Additional District Judge, Faisalabad as well as judgment and decree dated 31.10.2011 passed by learned Civil Judge Class-III, Faisalabad. 3. Precisely, the facts of the case are that petitioners instituted a suit for administration of property against the respondents contending therein that deceased Faqir Muhammad is real brother of the petitioners who died leaving behind the agricultural land comprising…
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