Law:

Section:

Constitution of Pakistan (1973)- -Art. 185(3) read with Civil Procedure Code (V of 1908), S. 100¬ Joint land inheritance Cultivating possession of some of co sharers recorded as such in revenue record Cannot be determinative of devolution of estate of a deceased person Possession of one co sharer is for benefit of all other co sharers and one co sharer deemed to be in possession of joint land through his other co sharers Mere fact that mutations were attested in 1907 or 1908 Held, does not bless sanctity to transaction and such mutations confer no right in property but meant for ensuring realization of land revenue and correctness of revenue record for that purpose Held, none of grounds .taken up by petitioner requires more elaborate examination or better treatment than given to it by High Court Leave refused. ORDER SHAFIUR RAHMAN, J. The petitioners who were defendants in the suit seek leave to appeal against the judgment of the Lahore High Court dated 23 5 1981 whereby the second appeal of the plaintiff respondents was accepted and the concurrent finding of the two courts below was set aside and their suit for declaration was decreed. The inheritance of Lakhwera was in dispute between the parties who are descendants from the same common ancestor. The plaintiff respondents claimed that as heirs they were entitled to a particular share in the estate of Lakhwera and the mutations attested in 1907 and 1908 with regard to the devolution of his estate were not in accordance with the law. The petitioners resisted the claim not on the ground that the plaintiffs were not heirs of Lakhwera according to Shariat or that their shares were different from those claimed by them but on the ground that a suit for declaration was not competent as they were in possession of the suit land, and that it was hopelessly barred by time. A number of issues were framed and the two Courts dismissed the claim of the plaintiffs respondents but in second appeal it was held that the plaintiff respondents admittedly held the land jointly with the petitioners and that their possession over the land was through their co sharers and the declaration of the property could be obtained by them and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492