| Case ID |
0befd863-6e06-4c4c-965c-585a4ee69171 |
| Body |
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| Case Number |
CR No.909-P/2014 |
| Decision Date |
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| Hearing Date |
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| Decision |
MUHAMMAD NAEEM ANWAR, JUSTICE: This Civil Revision No.909-P/2014 and connected petitions are hereby dismissed with no order as to costs. The court upheld the findings of the lower courts, confirming that the plaintiffs were entitled to the inheritance under the Khyber Pakhtunkhwa Land Revenue Act and Islamic Law. The concurrent findings by the courts below were in accordance with the law, and no illegality or irregularity was found in the decrees. The correction of entries in revenue papers regarding the relationship of plaintiffs with the deceased had been made earlier. Therefore, the revision was dismissed. |
| Summary |
In the case CR No.909-P/2014, decided by the Peshawar High Court with the citation 2020 SLD 2581 = 2020 CLC 2006, Justice Muhammad Naeem Anwar presided over a significant civil revision involving intricate inheritance disputes governed by the Khyber Pakhtunkhwa Land Revenue Act and Islamic Law. The plaintiffs sought declarations regarding their shares in the inheritance, challenging longstanding revenue entries and the legitimacy of relationships that affected inheritance rights. Central to the case were issues such as the presumption of truth in revenue records, the classification and prioritization of agnatic heirs, and the application of provisions under the Civil Procedure Code concerning revisional jurisdiction. The court meticulously reviewed evidence and legal arguments, affirming the lower courts' findings that upheld the plaintiffs' rights to inherit according to the applicable laws. The decision reinforced the integrity of revenue records and the proper application of Islamic inheritance principles in civil cases, emphasizing the necessity of accurate record-keeping and legal compliance in resolving familial inheritance disputes. The dismissal of the revision without any orders regarding costs underscores the court's confidence in the lower courts' judgements, ensuring that justice was aptly served in accordance with established legal frameworks. |
| Court |
Peshawar High Court
|
| Entities Involved |
Sheikh Kareem Dad,
Sheikh Ishaq,
Sheikh Abdul Razzaq,
Sheikh Ajaib Din,
Sheikh Imam,
Sheikh Qutab
|
| Judges |
MUHAMMAD NAEEM ANWAR, JUSTICE
|
| Lawyers |
Not available
|
| Petitioners |
Malik Sikandar Shah and others,
Abdul Akbar and others
|
| Respondents |
Abdul Qayyum and others,
Government of Khyber Pakhtunkhwa through Collector Kohat
|
| Citations |
2020 SLD 2581,
2020 CLC 2006
|
| Other Citations |
Mazloom Hussain v. Abid Hussain PLD 2008 SC 571,
Hakim Khan v. Aurangzeb and others 1979 SCMR 623,
PLD 2018 Sindh 324 rel.,
Abdul Mateen Khan and others v. Mst. Mustakhia Khan 2006 SCMR 50 rel.,
Karim Bakhsh v. Zulfiqar 1977 SCMR 334,
Sundar Singh v. Chhajju Khan AIR 1934 Lahore 309,
The Evacuee Trust Property Board and others v. Haji Ghulam Rasul Khokhar and others 1990 SCMR 725,
Sanaullah Fakir v. Alam Fakir and others,
Sahib Dad v. Muhammad Ajaib and another,
Sheikh Muhammad Mumtaz Ahmad and others v. Zubaida Jan and others
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| Laws Involved |
Khyber Pakhtunkhwa Land Revenue Act, (XVII of 1967),
Islamic Law,
Civil Procedure Code (V of 1908)
|
| Sections |
52,
115
|