| Case ID |
3789ee39-7fe4-4bd0-a376-b3f83e8060c9 |
| Body |
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| Case Number |
Writ Petition No. 8540 of 1992 |
| Decision Date |
Nov 22, 1992 |
| Hearing Date |
Nov 22, 1992 |
| Decision |
The Lahore High Court dismissed the writ petition, affirming the Board of Revenue's order that directed a factual inquiry regarding the mutation of inheritance. The court found that the respondents, who claimed shares in the estate of the deceased Chiragh Din, were not afforded the right to be heard during the mutation proceedings. Consequently, the court ruled that the inquiry was necessary to determine the rightful heirs and affirmed the need for the Revenue Authorities to conduct the inquiry in accordance with the law, particularly under the West Pakistan Land Revenue Act, which mandates that such inquiries should involve the interested parties. |
| Summary |
This case revolves around the inheritance rights following the death of Chiragh Din, who left behind agricultural land. The petitioner, Mst. Nasim Akhtar, sought the mutation of inheritance, but the respondents, who claimed to be his nephews, contested this. The case highlights the importance of conducting a proper inquiry when determining inheritance rights, as mandated by the West Pakistan Land Revenue Act. The Lahore High Court upheld the Board of Revenue's decision to remand the case for a factual inquiry to ensure that all interested parties are heard, emphasizing that the absence of such hearings could lead to unjust outcomes in inheritance disputes. The court's ruling reinforces the legal principle that all claimants must be given an opportunity to present their case, particularly in matters of inheritance, which can significantly impact familial relationships and property rights. The decision underscores the necessity of following established legal procedures to uphold justice in inheritance claims. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN SAEED-UR-REHMAN FARRUKH, J
|
| Lawyers |
Raja Muhammad Sabir for Petitioner,
Sardar Muhammad Aslam Sukhera for Respondents Nos. 1 to 3,
Nemo for Respondents Nos. 4 to 8
|
| Petitioners |
Mst. NASIM AKHTER
|
| Respondents |
IMAM DIN,
Respondents Nos. 2 to 8
|
| Citations |
1994 SLD 1388,
1994 CLC 1325
|
| Other Citations |
PLD 1992 SC 819
|
| Laws Involved |
West Pakistan Land Revenue Act (XVII of 1967)
|
| Sections |
42,
199
|