Law:

Section:

West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 42---Constitution of Pakistan (1973), Art. 199---Factual inquiry relating to mutation of inheritance---Persons claiming shares in inheritance of deceased were not associated with such inquiry---Board of Revenue remanding case and directing functionaries of Revenue Department that right of hearing should be afforded to those persons who were claiming shares in inheritance---Validity--- Whether or not persons claiming share in inheritance were entitled to succeed to the estate of deceased as his collateral was a matter requiring inquiry, which per necessity, had to be undertaken by the Revenue Authorities---Mutation order showed that mutation in question, was not attested in the village where land of deceased was situate---Persons claiming share in inheritance (respondents) were not shown to be present at the time when mutation in question was sanctioned---Order in a mutation had to be passed in front of the assembly in the estate where property in question, was situate---Board of Revenue's order directing Revenue Authorities to conduct factual inquiry on the spot after associating respondents with such inquiry being valid order did not call for interference in Constitutional jurisdiction of High Court---Board of Revenue's order was affirmed in circumstances. JUDGMENT The brief facts are that one Chiragh Din died in 1980, abandoning agricultural land measuring 74 Kanals 19 Marlas in Village Khurdpur, Tehsil and District Lahore. The petitioner applied for sanction of mutation of inheritance. However, before any proceeding could be taken, respondents 1 to 4, who claim to be the nephews of Chiragh Din (sister's sons) filed a civil suit on 9-6-1962 for a declaration and injunction claiming that they were entitled to inherit the above said estate of the deceased alongwith his two heirs, namely, Mst. Nasim Akhtar and Mst. Zainab Bibi (daughter and widow of Chiragh Din respectively). The plaint of the suit was rejected on 26-7-1983 under Order 7, Rule 9, C.P.C. on the ground that no cause of action had arisen to the plaintiffs, inasmuch as no mutation of inheritance had been sanctioned till then. An appeal was…

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