Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------S.163---Muslim Family Laws Ordinance (VIII of 1961), S.9---Review of mutation of inheritance by Collector---Heirs of predeceased daughter of male owner---Entitlement to succeed in estate of their maternal grandfather--­Defendants' mother having admittedly died during lifetime of her father, provisions of S.4, Muslim Family Laws Ordinance, 1961 were applicable in matter of inheritance---Defendants being children of predeceased daughter, share of their mother would automatically devolve upon them---Plaintiffs on concealment of such fact had initially got mutation of inheritance attested whereby heirs of predeceased daughter were denied their share in inheritance of their maternal grandfather---Rectification of such mutation by Collector was justified for entries of such nature which were based on fraud and concealment of facts could be ignored and rectified at any stage so as to give effect to rights of lawful heirs, which had already devolved upon them by operation of law--­Collector was, thus, competent to review such mutation and he was not bound to follow reports of his subordinates, particularly when he found that mutation in question was attested in violation of law and that rights of lawful heirs were illegally ignored---Error which had appeared due to accidental slip, or on concealment of facts could be corrected by Revenue Authorities at any stage and any such illegal and fraudulent entry could not create any vested right in favour of person, who was guilty. of securing the same by concealment of facts---Courts below were right in upholding review of mutation by Collector especially when it was proved on record and admitted by plaintiffs that defendants were heirs of predeceased daughter of their predecessor and that they were denied right to inherit their mother's share---Findings of fact recorded by Courts below, being based on evidence and on admission of plaintiffs, could not be set aside in circumstances. Abad Muhammad v. Mst. Sakina and another PLD 1987 Rev. 27; Mst. Shamim Akhtar and others v. Ghafoor Ahmad and others PLD 1988 Rev. 56; Ali Ahmad and another v. Muhammad Fazal and another PLD…

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