| Case ID |
43fe6bbd-4b8d-425c-bd48-4542e988dd95 |
| Body |
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| Case Number |
Civil Revision No. 1636 of 2003 |
| Decision Date |
Dec 21, 2011 |
| Hearing Date |
Dec 21, 2011 |
| Decision |
The Lahore High Court allowed the civil revision petition and set aside the impugned judgment and decree of the Additional District Judge. The court found that the suit brought by the plaintiffs was time-barred under the Limitation Act, as they had not challenged the inheritance mutation since 1963, and their claim was unsupported by evidence of fraud. The plaintiffs lacked the legal standing to contest the mutation independently of their predecessor-in-interest, who had not contested the same during his lifetime. The court emphasized that the provisions of the Land Revenue Act were not mandatory, and the mere fact that a mutation was sanctioned in a different estate did not invalidate the transaction. The judgment underscores the importance of timely action in inheritance cases and the need for substantial evidence when alleging fraud. |
| Summary |
This case revolves around a civil revision petition filed by Nasrullah Khan and others challenging a judgment from the Additional District Judge regarding an inheritance mutation. The plaintiffs claimed that the mutation was fraudulent and not binding upon them, arguing that their predecessors were co-sharers of the agricultural land in question. However, the Lahore High Court found that the plaintiffs had no locus standi to challenge the mutation as their predecessor did not do so during their lifetime. The court ruled that the suit was time-barred, as it was filed 35 years after the mutation was sanctioned, and emphasized the necessity of presenting solid evidence when fraud is alleged. The decision highlights the intersection of property law, inheritance rights, and procedural limitations, making it crucial for parties involved in similar disputes to act promptly and substantiate their claims effectively. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
CH. SHAHID SAEED, J
|
| Lawyers |
Sh. Naveed Shahryar for Petitioners,
Nemo for Respondents
|
| Petitioners |
4 others,
NASRULLAH KHAN
|
| Respondents |
others,
NAZIR BEGUM
|
| Citations |
2012 SLD 2622,
2012 YLR 2613
|
| Other Citations |
2011 SCMR 222,
2002 SCMR 1330,
2000 SCMR 519
|
| Laws Involved |
West Pakistan Land Revenue Act (XVII of 1967),
Limitation Act (IX of 1908),
Specific Relief Act (I of 1877)
|
| Sections |
42,
Art. 120,
42
|