| Case ID |
ffd190fc-2838-40c4-877c-60e88e51be2f |
| Body |
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| Case Number |
C.R. No. 81-B of 2009 |
| Decision Date |
Dec 22, 2014 |
| Hearing Date |
Dec 22, 2014 |
| Decision |
The revision petition was dismissed, upholding the concurrent judgments and decrees of the learned Civil Judge, Karak and the learned Additional District Judge-1, Karak. The courts found no merit in the plaintiffs' evidence to support their claim and emphasized the application of the law of limitation to claims of inheritance. The case highlighted that the plaintiffs failed to challenge crucial mutations and did not provide convincing evidence to substantiate their claim. |
| Summary |
This case, decided by the Peshawar High Court on December 22, 2014, involved a dispute over property inheritance and mutation. The petitioners, represented by Mukhtiar Ali Khan Khattak, filed a suit for declaration against the respondents, represented by Abdul Waheed Ayaz, challenging the validity of mutation No. 9332 dated February 1, 1927. They claimed it was fraudulent, as Mst. Lota, the widow of Fateh Khan, was misrepresented by another woman during the mutation process. The case revolved around the inheritance rights of Mst. Sabardana, claimed to be the daughter of Ganj, against the backdrop of complex family ties and historical mutations dating back to the early 20th century. The courts found the plaintiffs' evidence insufficient and emphasized the importance of the law of limitation, ruling that claims must be made within a reasonable time frame. The decision was based on the lack of convincing evidence and the failure to challenge critical mutations, ultimately dismissing the revision petition and upholding the lower courts' judgments. |
| Court |
Peshawar High Court
|
| Entities Involved |
Fateh Khan,
Mst. Lota,
Mirza Ambar,
Raza Khan,
Mst. Sabardana,
Ganj,
Mst. Khoazmina
|
| Judges |
MUHAMMAD DAUD KHAN
|
| Lawyers |
Mukhtiar Ali Khan Khattak for Petitioners,
Abdul Waheed Ayaz for Respondents
|
| Petitioners |
ASAL JANAN AND others
|
| Respondents |
ZAREEF KHAN AND OTHERS
|
| Citations |
2016 SLD 2188,
2016 YLR 561
|
| Other Citations |
Muhammad Rashid Ahmad v. Muhammad Saddique PLD 2002 SC 293,
Muhammad Idrees and others v. Muhammad Pervaiz and others 2010 SCMR 5,
Ahmad Din v. Muhammad Shafie and others PLD 1971 SC 762,
Mst. Phaphan through L.Rs. and others v. Muhammad Bakhsh and others 2005 SCMR 1278,
Luqman and others v. Gul Muhammad 1984 SCMR 63,
Atta Muhammad v. Maula Bakhsh and others 2007 SCMR 1446,
Laal Khan through L.Rs. v. Muhammad Yousuf through L.Rs. PLD 2011 SC 567,
Muhammad Raza Khan v. Government of N.W.F.P. and others PLD 1997 SC 393,
Mst. Grana through Legal heirs and others v. Sahib Kamala Bibi and others PLD 2014 SC 167
|
| Laws Involved |
Specific Relief Act (I of 1877)
|
| Sections |
42
|