Law: Qanun-e-Shahadat (10 of 1984)

Section: 123,124

Summary of the Order

The two appeals arise from the same declaratory suit and challenge the Peshawar High Court’s judgment dated May 28, 2012. The core legal issues include:

1. Standing of the missing person’s sibling’s children to challenge a sale made by their disappeared relative.
2. Criteria for presuming a missing person legally deceased.
3. Burden of proof regarding the missing person's life status at the time of inheritance mutation.
4. Inheritance rights of a predeceased brother.

Background of the Case:

• The dispute concerns land in Kachozai, Bannu, owned by Sher Baz Khan, who disappeared without a trace.
• His two brothers, Shad Ali Khan and Ali Sher Khan, and sister, Mst. Basmina, were his heirs.
• A 4-kanal portion of land was sold to Ali Sher Khan via mutation No.1542 (1961).
• The remaining land was transferred to Ali Sher Khan and Mst. Basmina through inheritance mutation No.2045 (1988), presuming Sher Baz Khan dead.
• Shad Ali Khan’s heirs were excluded from the inheritance, prompting them to challenge both mutations in 2003.

Court’s Findings:

Sale Mutation No.1542 (1961):

• The plaintiffs' challenge was barred by limitation, as neither Sher Baz Khan nor his siblings contested it during their lifetime.
• The High Court’s decision upholding the sale was correct.

Inheritance Mutation No.2045 (1988):