Law:

Section:

Mutation-Summary inquiry to be held on spot, and in open assembly, to avoid expense and inconvenience to parties, and to enable Revenue Officer to arrive at truth-Whether a sister died after death of her brother (last male-holder) to enable her issue to inherit her share in her brother's estate -Inquiry directed by Collector to be held on spot confirmed by Commissioner-Approved by Board.   ORDER   This is a Revision from Additional Commissioner, Rawalpindi's appellate order dated 10-7-1961, whereby he confirmed the Collec tor, Jhelum's order dated 11-2-1961, remanding the inheritance mutation back to the Revenue Officer for decision after proper summary inquiry at the spot.   The facts are that Mst. Khan Bibi, widow of Qaim Din died in August 1960. The Revenue Officer in his order dated 2-10-1960, attested inheritance mutation No. 452 of village Pind Jata, as follows: -   Saif Ali petitioner, sister's son of Qaim Din, the last male-holder: 3/8th share.   Ghulam Nabi alias Mohabat Ali respondent, son of real cousin of QaimDin: 3/8th share.   Najabat and Yousuf, real nephews of Khan Bibi deceased 1/8th share eachout of the issueless deceased widow's th share under section 3 of the Muslim Personal Law (Shariat) Applica tion Act, 1948.   In the first appeal Raja Ghulam Mehdi who has signed as Assistant Collector 1st Grade, but presumably had the appellate powers of a Collector, which designation he should have ensured was inscribed under his signature, found that in so far as the petitioner's share and that of Ghulam Nabi respondent were con cerned, much depended on the issue whether Imam Bibi sister of Qaim Din last male-holder had pre-deceased him or had died after him. He felt that the Revenue Officer was in the best position to arrive at the facts in this behalf in open assembly and therefore, recommended the case back to him for adjudication after allowing the parties to adduce evidence in support of their claims.…