| Case ID |
205ccfd7-6915-469d-90a6-d739731c483e |
| Body |
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| Case Number |
Civil Revision No.225/D of 2000 |
| Decision Date |
Dec 17, 2003 |
| Hearing Date |
Dec 17, 2003 |
| Decision |
The Lahore High Court dismissed the civil revision petition against the judgment and decree dated 6th March, 2000, passed by the Additional District Judge, Rawalpindi. The petitioners claimed to be the collaterals of Sikandar Khan, who died issueless, seeking ownership of 3/4th shares of his estate. The court found that the petitioners failed to prove their status as collaterals, as they did not provide sufficient evidence regarding the deceased's ownership and inheritance rights. The court also ruled that the suit was barred by limitation, as the petitioners had knowledge of the disputed gift deed since 1967 but chose to file the suit only in 1990. The concurrent findings of the lower courts were upheld, affirming that no property was available for inheritance to the petitioners. |
| Summary |
This case revolves around a civil revision petition filed in the Lahore High Court concerning the inheritance rights of the petitioners, who claimed to be the collaterals of the deceased Sikandar Khan. The case highlights significant issues under the Specific Relief Act, Limitation Act, and Civil Procedure Code. The petitioners asserted ownership of 3/4th shares of Sikandar's estate, which they claimed was wrongfully transferred after his death. However, the court found that the petitioners failed to substantiate their claims with adequate evidence. The ruling emphasized the importance of proving one's status as a collateral and the necessity of filing suits within the limitation period. The decision underscores the complexities of inheritance law and the necessity of establishing clear legal rights to property. Keywords: inheritance rights, civil revision, Lahore High Court, Specific Relief Act, Limitation Act, property ownership, legal evidence. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MANSOOR AHMAD, J
|
| Lawyers |
Sardar Asmatullah Khan,
Mujeeb-ur-Rehman
|
| Petitioners |
2 others,
MUHAMMAD ASHRAF KHAN
|
| Respondents |
9 others,
MUHAMMAD KHAN
|
| Citations |
2004 SLD 1887 = 2004 CLC 1133
|
| Other Citations |
Hayat Gul deceased through Motarim Gull v. Mst. Rahm Bibi PLD 1997 SC 879,
Ghulam Ali v. Ghulam Sarwar Naqvi PLD 1990 SC 1,
Nazir Ahmad v. Abdullah 1997 SCMR 281,
Maqbool Ahmad v. Government of Pakistan 1991 SCMR 2063,
Mst. Noor Fatima v. Begum Bibi 1990 SCMR 629
|
| Laws Involved |
Specific Relief Act (I of 1877),
Limitation Act (IX of 1908),
Civil Procedure Code (V of 1908)
|
| Sections |
42,
39,
91,
115
|