| Case ID |
42c9a794-2e9a-43f8-9bb4-e329fe03017a |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 142-D of 1991 |
| Decision Date |
Feb 13, 1996 |
| Hearing Date |
Feb 13, 1996 |
| Decision |
The Lahore High Court reversed the decision of the Appellate Court and restored the Trial Court's dismissal of the plaintiff's suit regarding inheritance claims. The Court found that the Appellate Court had misread evidence and disregarded legal provisions, particularly concerning the lapse of over forty years since the death of the deceased, Atta Muhammad, and the filing of the suit. The plaintiff failed to prove his claim of being the son of the deceased, and the suit was barred by limitation under Article 144 of the Limitation Act, 1908. The Court emphasized that the presumption of ownership based on revenue records favored the defendants, who had been in possession of the land since the death of the deceased. The Court concluded that the plaintiff's claim lacked sufficient evidence to support his assertions. |
| Summary |
In the landmark case of Civil Revision No. 142-D of 1991, the Lahore High Court addressed significant issues surrounding inheritance and property rights under the Specific Relief Act, Limitation Act, and Qanun-e-Shahadat. The case emerged from the claims of Abdul Sattar, who asserted his right to inherit land belonging to Atta Muhammad, deceased. The Court critically evaluated the evidence and the legal principles governing inheritance claims, focusing on the crucial aspect of limitation. The ruling highlighted the importance of proper documentation and the necessity of proving claims within the statutory time frame, which in this case was over forty years. The Court's decision to restore the Trial Court's ruling underscored the principles of evidence, ownership, and the legal presumption favoring entries in revenue records. This case serves as a vital reference for future inheritance disputes and the interpretation of property laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
RANA MUHAMMAD ARSHAD KHAN, J
|
| Lawyers |
Mirza Manzoor Ahmed for Petitioners,
Sardar Altaf Hussain Khan for Respondent
|
| Petitioners |
12 others,
DUR MUHAMMAD
|
| Respondents |
ABDUL SATTAR
|
| Citations |
1996 SLD 1510,
1996 CLC 1596
|
| Other Citations |
Ahmad Ali and others v. Muhammad Iqbal and another 1986 SCMR 244,
Hansraj Gupta and others v. Dehra Dun-Mussoorie Electric Tramway Co. Ltd. AIR 1940 PC 98,
ALN Narayanan Chettyar and another v. Official Assignee, High Court Rangoon and another AIR 1941 PC 93,
Ahsan Ali and others v. District Judge and others PLD 1969 SC 167,
Mst. Zarifan v. Mst. Rehmati 1987 SCMR 66,
Haji through his Legal Heirs and others v. Khoda Yar through his Legal Heirs PLD 1987 SC 453,
Nazir Ahmed through Legal Heirs v. Boota and others 1988 CLC 1925
|
| Laws Involved |
Specific Relief Act (I of 1877),
West Pakistan Land Revenue Act (XVII of 1967),
Limitation Act (IX of 1908),
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
42,
52,
144,
140
|