Law:

Section:

(a) Islamic Law-------Inheritance---Devolution of property would take place through inheritance immediately without any other intervention irrespective of the fact whether mutation of inheritance was recorded or not or was incorrectly recorded---Wrong mutation would confer no right in property as Revenue Record was maintained only for the purposes of ensuring realization of land revenue---No question of limitation in inheritance suits ---Co-heirs-co-sharer who was in possession, would be deemed to hold possession on behalf of other co-sharers---Persons in possession of land being in constructive possession on behalf of other co-sharers, mere omission by them to pay their share of produce would not constitute their ouster. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Objection not raised either in grounds of appeal or before Appellate Court, could not be agitated at revisional stage. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revision---Petitioner had contended at revisional stage that issues were not properly framed by Trial Court---Contention was repelled as said objection was neither taken before Trial Court nor it was mentioned in the grounds of appeal and it was also not agitated before Appellate Court during final arguments. (d) Civil Procedure Code (V of 1908)--- ----O. XX, R.5---Failure to discuss appeal issue-wise---Contention was that Appellate Court by not discussing appeal issue-wise, had rendered in violation of provisions of O.XX, R.5, C.P.C.---Contention was devoid of any force inasmuch as when finding on certain issues was sufficient for disposal of case, Appellate Court could not dilate upon other issues, especially when it was not alleged that by such dealing with the appeal any prejudice was caused to appellants. (e) Civil Procedure Code (V of 1908)--- ----S. 115---Revi§ional jurisdiction, exercise of ---Scope---Revisional jurisdiction could be exercised against irregular exercise, non-exercise or illegal assumption of jurisdiction and not against conclusions of fact or law not involving question of jurisdiction---Concurrent findings of facts recorded, by Courts below were based on evidence and supported by sound…

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