This petition is directed against the judgment & decree dated 6th August 2020 ("the impugned judgment & decree") passed by the learned Additional District Judge-VII, Quetta ("the appellate Court") whereby appeal filed by the respondents was allowed and the judgment & decree dated 31st March 2018 passed by the learned Senior Civil Judge-I, Quetta ("the trial Court") was set aside.
Brief facts arising out from the instant petition are that petitioner/plaintiff and Respondent Nos. 1 to 3 are the legal heirs of late Din Muhammad, who was employee in Balochistan Traffic Police and died on 6th September 2010 due to strike by a vehicle near Airport Road Quetta. While on 14th February 2011 the respondents/ defendants obtained Succession Certificate without impleading the petitioner/plaintiff as legal heir in the Succession Application. Besides, the Government of Balochistan announced compensation amount of Rs. 20,00,000/-for the legal heirs of deceased Din Muhammad. Thus, the petitioner/plaintiff being real brother of deceased is also entitled to receive his respective share from the compensatory amount Rs. 20,00,000/-.
3. The suit of the plaintiff/petitioner was contested by the defendants/respondents by means of filing written statement. After framing issues and recording evidence, the suit of plaintiff/petitioner was decreed in his favour; vide impugned judgment & decree dated 31st March 2018.
4. Being aggrieved the respondents/appellants assailed the judgment & decree passed by the learned trial Court before the learned appellate Court by filing appeal, which was allowed, vide impugned judgment & decree as mentioned hereinabove in Para No. 1; whereby the judgment & decree passed by the learned trial Court was set aside. Whereafter the petitioner filed the instant Civil Revision Petition.
5. Heard the learned counsel for the parties and perused the record minutely, which reveals that the petitioner mainly filed the suit for receiving his share from the compensation amount awarded for his deceased brother, who being police personnel was martyred issueless during the course of service. As the Government of Balochistan declared the late Din Muhammad as Shaheed and announced R. 20,00,000/-for his legal heirs. Since the deceased was issueless, thus his mother and two brothers obtained succession certificate in pursuance whereof received the said compensation amount.
6. Now question arises whether the amount of compensation, grant in aid pertains to Tarka left by the deceased Din Muhammad or otherwise and the legal heirs of deceased are entitled to receive Tarka of immoveable and moveable property left by the deceased. With regard to Tarka the Hon'ble Shariat Appellate Bench of the Supreme Court of Pakistan passed an exhaustive landmark judgment; wherein provided guidelines for matters pertaining to Tarka. Reliance in this regard is placed on the case of "Wafaqi Hakoomat-e-Pakistan v. Awamunnas, PLD 1991 SC 731 held as under: Likewise, the same view was also taken by the Hon'ble Shariat Appellate Bench of the Supreme Court of Pakistan in case of PLD 1991 SC 750 wherein held as under: Following the aforesaid judgments of Hon'ble Shariat Appellate Bench of Supreme Court the Hon'ble Lahore High Court in its Judgment in the case of "Dr. Safdar Hussain and another v. Flt. Lt. Nadia Latif and others, 2014 YLR 1553", held as under: "8. Tarka/estate of the deceased consists of the immovable or movable properties, moneys and all other articles which he owned and over which he had complete control and dominion so as to enter into the transaction of sale, exchange, transfer, gift in respect of such immovable and movable properties, moneys and other goods/articles: In the light of above, it is settled that an amount which has accrued to an employee during his lifetime, whether he has received the, same or not before his death, shall become part of the estate of the deceased and such amount had to be distributed among the legal heirs of the employee, as per the Personnel Law of the employee, after his death. In case an amount has accrues after his death then it is required to be seen, in the light of interpretation given by the Shariat Appellate Bench of the Hon'ble Supreme Court, whether the said amount falls in the category of Tarka/estate of the deceased or not. If the amount accrued is a "grant" or "concession" then the same will be payable to the nominee of the deceased, irrespective of the fact that the Personnel Law of the deceased states otherwise.
9. The amount of Group Welfare Scheme could not be claimed by the deceased during his lifetime nor the deceased could, ask Respondent No. 6 for payment under the said head which would go to establish that deceased had power or authority to possess or claim any amount under the aforesaid head during his lifetime. This amount would have become due and payable to the deceased only after his death."
Thus, in view of the judgments of Hon'ble apex Courts the amount of compensation does not fall within the parameters of Tarka thus, no one can claim the same as matter of legitimate right and impugned judgment passed by learned appellate Court is well reasoning does not suffer from any material illegality or irregularity to warrant interference by the Courts.
For the reasons, the petition being devoid of merits is dismissed with no order as to cost.