Case Details

Citation(s)
1965 SLG 4570 = 1965 SLD 4570 = 1965 PLD 71
West Pakistan
Revision No. 57.6 of 1962-63, decided on 30th April 1965.  
Presented By:
Ghulam Mustafa for Petitioners.  
Respondent No. 1 in person.  

SHAMSHUDDIN AND OTHERS-Petitioners  

VERSUS

  FAZALUDDIN AND OTHERS-Respondents

Law:

Section:

Mutation------   ----(Khairpur Division)-Parties claiming to be from different wives of deceased-One party completely ignored by Mukhtiarkar, not even giving them a hearing-Such party declared to be included among heirs on appeal-Other party taking plea that father of parties had entered into "exchange" whereby property in dispute was to be exclusive share of such party-Deed of "exchange", however, did not exist on date of mutation but was executed on behalf of contestant party actually on 18-12-1958 whereas mutation had been sanctioned on 6-5-1955-Decisions in appeal before Collector, and in Revision before Additional Commissioner, including as heirs offspring from second wife, upheld, leaving affected party to take such action in respect of deed of 18-12-1958 as they were advised. ORDER   This is a second revision filed against an order dated the 23rd of October 1962, passed by the Additional Commissioner Khairpur, whereby the revision preferred by the petitioners was rejected.   The facts of the case are that, on 6-5-1955, the Mukhtiarkar Shikarpur sanctioned a mutation of inheritance in respect o1 the property of Khawind Dino in favour of the petitioners Nos. 1 to 7. The respondents were completely ignored. The respondents Nos. 1 to 7 who claimed to be the sons and daughters of the deceased from a second wife, Mst. Noor Jehan, respondent No. 5, went in appeal to the Deputy Collector, Shikarpur who accepted and directed that the names of the…
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