Law: Civil Procedure Code (V of 1908)

Section: 12(2),270,1

Civil Procedure Code, 1908 (V of 1908)-- ----S. 12(2) O.XLI R. 270, O.XXX R. 1--Suit for rendation of account--Decreed--Appeal--Dismissed--Revision petition--Application for compromise during pendency of revision petition--Revision petition disposed of--Application for set aside decree--Recalling of order of revision petition--Remanded to appellate Court--Recording of evidence--Application u/S. 12(2) was accepted and revision petition was revived--Benami owner--Deprivation of inheritence--Entitlement to inheritation--Non-execution of compromise agreement--Burden to prove--Challenge to--Mirza Sultan Baig died when he died his properties came to vest in his legal heirs and should have been distributed among them in accordance with shariah but this was not done compelling two of his daughters to file a suit to get what was due to them--Mirza Abid Baig stooped to denying that his sisters were legal heirs of Mirza Sultan Baig--He also, without any proof, claimed that his father was not legal owner of said house and shop, insinuating but without stating, let alone establishing, that he was their real owner and that his father was benami (ostensible) owner--Civil Judge, Lahore decreed suit in respect of only two of properties, that is said house and shop, but this too was not acceptable to Mirza Abid Baig who continued to throw one unnecessary challenge after another to prevent his sisters from getting their inheritance and regrettably succeeded by such tactics as Zahida Sabir passed away and it is now forty-five years since she and then her children have remained deprived of inheritance--Such conduct of appellant contravened law and also dictates of Almighty Allah; shariah expounds that legal heirs immediately on death of their predecessor become owners of estate left behind as per their predetermined shares--It is unbelievable that counsel would have kept silent and let Judge decide case on merits when Zahida Sabir had already withdrawn her claim against her brother--It is thus quite clear to us that Mirza Abid Baig had staged whole thing; purported compromise application was neither executed nor filed and purported agreement was not executed--Purported agreement…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492