| Case ID |
20172c68-5aff-4409-94ce-5424dde502ae |
| Body |
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| Case Number |
R.O.R. No. 1816 of 1998 |
| Decision Date |
Mar 10, 2004 |
| Hearing Date |
|
| Decision |
The Board of Revenue dismissed the revision petition filed by Mian Ahmad Bakhsh and others against Mst. Fazal Bibi and others, affirming the lower courts' decisions which ruled that the petitioners had no legal basis to claim inheritance over the disputed land. The court emphasized that any allegations of fraud regarding the transactions must be addressed in a civil court, as the revenue officer is only authorized to make summary decisions. The complex nature of the case, involving intricate questions of law and fact, necessitated a civil court's adjudication, leading to the conclusion that the concurrent findings of the lower courts were correct and justified. |
| Summary |
This case revolves around a dispute over inheritance rights to a piece of land where Mian Ahmad Bakhsh and others claimed inheritance based on their relationship with the deceased widow of the original landowner. The Board of Revenue, Punjab, upheld the decisions of the lower courts which ruled that the petitioners were not entitled to inherit the property as they failed to prove their relationship with the deceased. The case highlighted the procedural aspects of inheritance law under the Punjab Laws Act and the West Pakistan Land Revenue Act, indicating that claims of fraud must be resolved in civil court rather than through revenue proceedings. The ruling stressed the importance of customary law and the need for clarity in inheritance claims, especially when multiple parties assert rights to the same property. This case is significant for understanding the complexities of land revenue and inheritance law in Punjab, Pakistan, and serves as a precedent for similar disputes involving claims of inheritance and fraud. It underscores the necessity for proper legal representation and the role of civil courts in adjudicating complicated matters of inheritance, which can involve both factual and legal intricacies. |
| Court |
Board of Revenue, Punjab
|
| Entities Involved |
|
| Judges |
MUHAMMAD SAEED SHEIKH, MEMBER (JUDICIAL-V)
|
| Lawyers |
Ch. Amjad Ali Mehmood,
Mehboob Ahmad,
M. Kareem Joyia
|
| Petitioners |
6 others,
Mian AHMAD BAKHSH
|
| Respondents |
17 others,
Mst. FAZAL BIBI
|
| Citations |
2004 SLD 1976 = 2004 CLC 1652
|
| Other Citations |
2002 SCMR 1507
|
| Laws Involved |
Punjab Laws Act (IV of 1872),
West Pakistan Land Revenue Act (XVII of 1967)
|
| Sections |
3,
5,
164
|