| Citation(s) |
|---|
| 2011 SLG 1962 2011 SLD 1962 2011 SCMR 1720 |
Supreme Court of Pakistan
Civil Petition No. 82-K of 2011, decision dated: 18-04-2011 (On appeal from judgment of High Court of Sindh, Circuit Court Hyderabad dated 8-12-2010, passed in C.P. No. D-1630 of 2010)
NASIR-UL-MULK AND ANWAR ZAHEER, JAMALI, JJ
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Civil Petition No. 82-K of 2011, decision dated: 18-04-2011 (On appeal from judgment of High Court of Sindh, Circuit Court Hyderabad dated 8-12-2010, passed in C.P. No. D-1630 of 2010)
NASIR-UL-MULK AND ANWAR ZAHEER, JAMALI, JJ
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Mst. HAJIRAN through AttorneY
VS
INAYATULLAH and others
Law:
Section:
West Pakistan Land Revenue Act (XVII of 1967)-------Ss. 42 & 161---Specific Relief Act (1 of 1877), Ss. 42 & 54---Constitution of Pakistan, Arts. 185(3) & 199---Inheritance mutation, non-attestation of---Constitutional petition---Maintainability---Supreme Court granted leave to appeal to consider questions as to whether availability of remedy of appeal to respondent against order of Executive District Officer (Revenue) was not an adequate and effective alternate remedy, which he failed to avail; whether exercise of jurisdiction under Art. 199 of the Constitution by High Court for passing impugned was an appropriate exercise of such jurisdiction, moreso when petitioner agitated that no due opportunity of hearing was afforded to her before passing impugned ; and whether filing of suit for declaration and permanent injunction by petitioner for challenging old mutation entries in Revenue Record and a to such effect by Civil Court were not material fact for resolving controversy between parties regarding inheritance claim of legal heirs of deceased, which High Court failed to take into consideration while passing impugned ? Salahuddin Panhwar, Advocate Supreme Court for Petitioner. Neel Keshav, Advocate Supreme Court for Respondents. Date of hearing: 18th April, 2011. ORDER ANWAR ZAHEER JAMALI, J.---After hearing the parties' counsel at some length, leave to appeal is granted in this petition, inter alia, to examine following points: (i) Whether availability, of remedy of appeal…
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