| Case ID |
2ca2ae1f-f961-43e2-970b-f69689e16a36 |
| Body |
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| Case Number |
Civil Revision No. 728-D of 1987 |
| Decision Date |
Mar 22, 1995 |
| Hearing Date |
Mar 22, 1995 |
| Decision |
The Lahore High Court dismissed the defendants' petition for revision of the judgment and decree dated 26-09-1987 of the Additional District Judge, Muzaffargarh, which had reversed the earlier decree of the Civil Judge Muzaffargarh. The court found that the petitioner Muhammad Ramzan, being the legitimate son of the deceased Murad Ali, was wrongfully deprived of his inheritance due to the fraudulent actions of the defendants, who had mutated the land in their favor by falsely claiming that Murad Ali had died issueless. The court upheld the findings of the lower courts that the plaintiff was a minor at the time of his father's death and only became aware of the mutation shortly before filing the suit. The decision emphasized that the defendants could not benefit from their wrongful actions, and substantial justice was served by affirming the decree in favor of the plaintiff. |
| Summary |
This case revolves around the inheritance rights of Muhammad Ramzan, the minor son of Murad Ali, who was deprived of his rightful inheritance by his uncle and aunts after his father's death. The defendants falsely claimed that Murad Ali died without issue, leading to a mutation of the land in their favor. The plaintiff, unaware of the mutation due to his young age and the fraudulent actions of the defendants, filed a suit upon reaching maturity. The Lahore High Court found that the concurrent findings of both lower courts established the plaintiff's legitimacy and the fraudulent nature of the defendants' claims. The court emphasized the importance of protecting the rights of legitimate heirs and the principle that wrongful actions cannot yield benefits. The case illustrates the application of Qanun-e-Shahadat and the Civil Procedure Code in protecting inheritance rights and ensuring justice in civil disputes. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK MUHAMMAD QAYYWM, J
|
| Lawyers |
Mian M. Zafar Yasiri,
Ch. Muhammad Hussain Jahanian
|
| Petitioners |
2 others,
GHULAM QADIR
|
| Respondents |
MUHAMMAD RAMZAN
|
| Citations |
1995 SLD 965,
1995 PLD 401
|
| Other Citations |
Messrs Ghulam Farid Muhammad Latif and others v. The Central Bank of India Limited, Lahore PLD 1954 Lah. 575,
Hari Singh v. Khan Moin-ud-Din Khan and others AIR 1944 Lah. 397
|
| Laws Involved |
Qanun-e-Shahadat,
Civil Procedure Code
|
| Sections |
Art. 128,
S. 115
|