Law: West Pakistan Family Courts Act, 1964

Section: 5

Temash Khan, plaintiff-respondent herein, instituted a suit seeking a declaration to the effect that inheritance mutation No.407 attested on 21-7-1973. and order dated 18-1-1974, passed by Collector, Peshawar, in appeal against the said mutation is wrong and ineffective upon his rights on the ground that Mst. Sanawar Jan, defendant-petitioner herein, shown as sharer in the said mutation was not legally-wedded wife of deceased Niaz Mohammad Khan. In the alternative, a prayer for joint possession of the land equivalent to the share of the plaintiff-respondent from the inheritance of the deceased Niaz Mohammad Khan was made.

2. The suit was contested by the petitioner and finding the parties at variance, the learned Civil Judge Ist Class, Peshawar, formulated the following issues:-