| Citation(s) |
|---|
| 2001 SLG 3142 = 2001 SLD 3142 = 2001 CLC 446 |
Lahore High Court
Civil Revision No.633/D of 1999, heard on 27th September, 2000.
Presented By: Dr. Munir Ahmad Mughal, J
Ehsanullah Khan Lilla for Petitioner. Sh. Naveed Shaharyar for
Respondents.
Civil Revision No.633/D of 1999, heard on 27th September, 2000.
Presented By: Dr. Munir Ahmad Mughal, J
Ehsanullah Khan Lilla for Petitioner. Sh. Naveed Shaharyar for
Respondents.
MUHAMMAD ASHRAF and another---Petitioners
VERSUS
FAISAL MASOOD and 2 others---Respondents
Law: West Pakistan Land Revenue Act, 1967
Section: 45
(a) West Pakistan Land Revenue Act (XVII of 1967) S. 45---Islamic Law---Inheritance---Mutation---Correction of---Suit-land was gifted to the plaintiff on account of murder of his father as a Diyat-- Revenue Authorities mutated the suit-land in favour of the brothers of the deceased---Plaintiff assailed the disputed mutation before Civil Court---Suit was dismissed by the Trial Court, but the Lower Appellate Court allowed the appeal and decreed the suit---Validity---Defendants were not the legal heirs of the deceased and the donor had denied to have gifted the suit-land to them---Judgment of the Lower Appellate Court did not suffer from any illegality and the High Court refused to interfere in the same---Plaintiff being not the only heir of the deceased, High Court modified. the judgment and decree of the Lower Appellate Court and directed the Revenue Authorities to also include the names of the other legal heirs in the mutation of suit-land according to their respective shares. (b) Islamic Law Inheritance---Distribution of shares among legal heirs---Regulations about inheritance recorded. Holy Qur'an: IV: 7 ref. (c) Islamic Law Inheritance---Tarka (legacy), distribution of---Procedure discussed. Holy Qur'an: IV: 11 to 14 ref. (d) Islamic Law Diyat, payment of---Guidelines. The Holy Qur'an:II: 178 and 179; XVII: 33 and XVII: 34 ref, Date of hearing: 27th September, 2000. JUDGMENT This is a revision petition under section 115, C.P.C. against the judgment and decree passed by the learned Additional District Judge, Mandi Bahauddin whereby he accepted the appeal and set aside the judgment and decree, dated 14-4-1999 of the learned Senior…