| Citation(s) |
|---|
| 2003 SLG 589 2003 SLD 589 2003 SCMR 1212 |
Supreme Court of Pakistan
Civil Petition No.485-L of 2002, decision dated: 23rd April, 2002. (On appeal from the judgment dated 5-12-2001 passed by the Lahore High Court, Lahore in Civil Revision No.781 of 1999)
TANVIR AHMED KHAN, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
A.G. Tariq Chaudri, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondent
Civil Petition No.485-L of 2002, decision dated: 23rd April, 2002. (On appeal from the judgment dated 5-12-2001 passed by the Lahore High Court, Lahore in Civil Revision No.781 of 1999)
TANVIR AHMED KHAN, KHALIL-UR-REHMAN RAMDAY AND FAQIR MUHAMMAD KHOKHAR, JJ
A.G. Tariq Chaudri, Advocate Supreme Court and Mahmood A. Qureshi, Advocate-on-Record for Petitioners. Nemo for
Respondent
NIAZ KHAN and others
VS
KISHWAR SULTANA
Law:
Section:
West Pakistan Land Revenue Act (XVII of 1967)---- ----S. 45---Constitution of Pakistan (1973), Art. 185(3)---Mutation of inheritance, assailing of---Limitation---Entitlement of co-owner to inherit---Relationship of plaintiff with deceased owner, determination of---Concurrent findings of fact by the Courts below---Plaintiff assailed the mutation of inheritance on the ground that she was the real daughter of the deceased owner---Defendants denied the relationship and the suit was dismissed by the Trial Court on the point of limitation---Appellate Court allowed the appeal and the suit was decreed---High Court in exercise of revisional jurisdiction declined to interfere with the and decree passed by Appellate Court---Validity---All the Courts below recorded concurrent findings of fact that the plaintiff was real daughter of the deceased and was entitled to inherit the property of her father--Appellate Court as well as High Court had rightly recorded the findings of fact that the suit of plaintiff being that of a co-owner of land was within time---Findings of fact recorded by the Courts below did not suffer from any legal infirmity---No substantial question of law of importance was involved in the case---Leave to appeal was refused. JUDGMENT FAQIR MUHAMMAD KHOKHAR, J.---Leave to appeal is sought against judgment, dated 5-12-2001 passed by the Lahore High Court, Lahore in Civil Revision No.781 of 1991. 2. Mst. Kishwar Sultana, the respondent No. 1 filed a suit to call in question validity of Mutation No. 127 of 1997 of inheritance sanctioned on 19-11-1957 on the ground that she was daughter of Cheragh Din deceased and his widow Mst. Wazir Begum, the petitioner No.4 and real sister of the other petitioners and was, therefore, entitled to inherit the share of the property of her deceased father. The petitioners denied their relationship with the respondent No. 1. The suit of the respondent No. 1 was dismissed by the Civil Court, Sheikhupura on 8-11-1987 on the issue of limitation. The appeal of the respondent No.1 was accepted on 7-4-1991 and the suit…
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