| Citation(s) |
|---|
| 2005 SLG 1380 2005 SLD 1380 2005 CLC 1571 |
Lahore High Court
Civil Revision No.1570 of 2001, heard on 14-04-2005.
MUHAMMAD MUZAMMAL KHAN, J
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Civil Revision No.1570 of 2001, heard on 14-04-2005.
MUHAMMAD MUZAMMAL KHAN, J
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ZAFAR IQBAL and 5 others
VS
PROVINCE OF PUNJAB through Collector Gujrat and 10 others
Law:
Section:
(a) Specific Relief Act (I 1877)-------S. 42---West Pakistan Land Revenue Act (XVII of 1967), Ss.42, 44 & 164---Suit for declaration---Inheritance mutation sanctioned in favour of daughter of deceased was confirmed in appeal by Collector---Additional Commissioner (Revenue) annulled mutation for its non-attestation by Lambardar of Village and non-mentioning the name of daughter in pedigree-table---Validity---Both such reasons were not lawful and sufficient to deprive. a person from hereditary rights---Pedigree-table prepared earlier to birth of plaintiff was not supposed to carry her name therein---Agriculturists tribes in Central Punjab were being governed by custom, whereunder daughters normally did not inherit---Name of a female, not entitled to inherit under custom was not to be included in pedigree-table as same was prepared on basis of mutations/Jamabandis---Veracity of statements of plaintiff's witnesses that she was daughter of deceased, could not be shaken during the cross-examination---Plaintiff's birth entry made 75 years ago showed her to be daughter of deceased and found name of her grandfather mentioned therein-,--Such entry having not been annulled by any competent Court, would have its own evidentiary value and could not be disbelieved for simple reason that deceased was not residing at plaintiff's place of birth---Commissioner had exceeded jurisdiction for not leaving such dispute to be determined by Civil ' Court---Plaintiff being daughter of deceased her suit was decreed accordingly. (b) Custom (Punjab)---- ---Inheritance by females---Agriculturists in Central Punjab were being governed by custom whereunder daughters normally did not inherit---Name of a female, not entitled to inherit under custom was not to be included in pedigree-table as same was prepared on basis of mutations/Jamabandis. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----Ss. 42, 44 & 164---Mutation of inheritance---Mutation attested by Revenue Officer was confirmed in appeal by Collector---Additional Commissioner (Revenue) in exercise of revisional jurisdiction annulled mutation---Validity---Mutation proceedings were summary in nature---Rights of inheritance…
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