| Case ID |
1e3dc11a-9687-4d34-be04-f3bb2804ba28 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition No.3171-L of 2000 |
| Decision Date |
Dec 07, 2005 |
| Hearing Date |
|
| Decision |
The Supreme Court allowed the appeal, restoring the judgments and decrees of the Civil Judge and Additional District Judge that previously decreed the petitioners' rights to inherit the suit-land. The High Court's judgment was deemed unsustainable as it had reversed the findings of the lower courts without proper basis. The petitioners' claim was supported by sufficient evidence establishing their relationship with the deceased, Mst. Ghogan, affirming their entitlement to the inheritance. No costs were ordered. |
| Summary |
In the case of Civil Petition No.3171-L of 2000, the Supreme Court of Pakistan addressed a dispute regarding the inheritance rights to the suit-land of late Mst. Ghogan. The petitioners, ABDUL GHAFOOR and others, sought to affirm their legal rights against the respondents, KALLU and others. The case hinged on the evidence presented by the petitioners demonstrating their relationship to the deceased through testimonies from village witnesses. The main legal considerations included the interpretation of the Qanun-e-Shahadat and the Civil Procedure Code, focusing on the validity of the evidence and the proper application of legal standards by lower courts. Ultimately, the Supreme Court reinstated the decisions of the lower courts, emphasizing the importance of accurate fact-finding and the evidentiary standards in inheritance disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
FAQIR MUHAMMAD KHOKHAR,
KARAMAT NAZIR BHANDARI
|
| Lawyers |
Muhammad Saleem Shahnazi, Advocate Supreme Court,
Sh. Salah-ud-Din, Advocate-on-Record for Petitioners,
Raja Mahmood Akhtar, Advocate Supreme Court,
Haji M. Rafi Siddiqui, Advocate-on-Record for Respondents Nos.1 to 8
|
| Petitioners |
ABDUL GHAFOOR,
others
|
| Respondents |
others,
KALLU
|
| Citations |
2008 SLD 1606 = 2008 SCMR 452
|
| Other Citations |
Not available
|
| Laws Involved |
Qanun-e-Shahadat,
Civil Procedure Code
|
| Sections |
10 of 1984,
V of 1908, S. 115
|