Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Inheritance--- ----Legal heirs---Joint owners---At the time of the death of propositus, all the legal heirs automatically became share-holders in the immoveable property left by propositus, therefore, they became joint owners. (b) Inheritance--- ----Limitation---In case the subject matter of a suit was pleaded to be of inheritance but the plaintiff failed to prove the matter pertained to inheritance, then the law and bar of limitation would be fully applicable. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- This Civil Petition for Leave to Appeal has been filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, against the judgment dated 22.12.2014 passed by the learned Peshawar High Court, Bannu Bench, whereby Civil Revision bearing No.81-B of 2009 filed by the Petitioners was dismissed. 2. We have heard the learned counsel for the parties at full length and gone through the voluminous record of this case. In the suit filed by the Plaintiffs/Petitioners on 24.02.1993, the mutation pertaining to the suit property attested in the year 1922 and 1927 and mutations thereafter have been challenged. After hot contest the suit was dismissed by the learned Trial Court vide judgment and decree dated 12.12.2005. The appeal filed there-against too was dismissed vide judgment and decree dated 20.11.2008. The Civil Revision filed by the Plaintiffs/Petitioners was also met with the same fate vide judgment dated 22.12.2014 passed by the Peshawar High Court. Although, a notice was issued by this Court vide order dated 17.10.2018 to the Respondents by noting some questions, on the presumption that, involving the matter of inheritance between the parties. There are concurrent findings of all the Courts below that though Mst. Sabardana was mother of the Plaintiffs/ Petitioners but Plaintiffs could not prove that she was daughter of Ganj. 3. The learned counsel for the petitioners has referred to the entry No. 260 in document, Exh. PW-3, alleged copy of the register of birth entries to show that Mst. Sabardana was daughter of Ganj, who was born on 20.06.1900. It is further stated that PW-3 was produced to prove the said document.…

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