Law: Punjab Land Revenue Act, 1967

Section: 42

(a) Punjab Land Revenue Act (XVII of 1967)--- ----S. 42---Mutation entries---Scope---Mutation entry confers no right in property as revenue record is maintained only for fiscal purposes. Mst. Gohar Khanum and others v. Mst. Jamila Jan and others 2014 SCMR 801 ref. (b) Islamic law--- ----Inheritance---Legal heirs as co-sharers---Legal heir in possession has to be considered to be in constructive possession of the property on behalf of all the heirs in spite of his exclusive possession. Khair Din v. Salaman PLD 2002 SC 677 ref. (c) Limitation--- ---Inheritance---Inheritance mutation, challenging of---Whether law of limitation applies when challenging an inheritance mutation---In the present case, impugned inheritance mutation was attested on 5.4.1958 in favour of sons only to the exclusion of the daughter---Legal heirs of daughter challenged said mutation through a suit filed on 20.6.2005---Held, that law of limitation would be relevant when the conduct of the claimant (heir) demonstrates acquiescence and particularly when third party interest is created in the inherited property---In the instant case, there is nothing on the record to show that the daughter had either relinquished her interest in the disputed property or transferred it in favour of her brothers, therefore, the cause of action accrued when the appellants/defendants denied her right---As per averments of plaint, the plaintiffs (i.e. legal heirs of the daughter) came to know about the wrong entry for the first time on 22.12.2004 when they obtained copy of inheritance mutation of their maternal grandfather, therefore, the suit cannot be held as time barred---Appeal was disposed of. Mst. Granan through legal heirs and others v. Sahib Kamala Bibi and others PLD 2014 SC 167 distinguished. JUDGMENT MUSARRAT HILALI, J.---Subject matter in hand is the estate of one Qaim Din, who died in the year 1957. His inheritance mutation No.18 was attested on 05.04.1958 in favour of his two sons, Fazal Ellahi and Noor Din; however, name of Mst. Mir Jan, his real daughter, was excluded from the inheritance mutation. Later on, Fazal Ellahi died issueless and his estate was also devolved upon his brother Noor Din. After…

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