Pakistan Case Lawโ† Search
1984 SCMR 203

Mst. HUMNA BIBI AND OTHERS vs NIAZ GUL AND OTHERS

Citation1984 SCMR 203
CourtSupreme Court of Pakistan
Case No.Civil Petition No, 94-R of 1983
Date1983-11-12
Judge(s)Muhammad Afzal Zullah, M. S. H. Qureshi
ResultPetition dismissed

ORDER

' M. S. H. QURAISHI, J.-The dispute relates to share in the property originally held by Adam Khan.

According to the second Revenue Settlement and the Jamabandi for the year 1901-1902 the property was owned jointly by the four sons of Adam Khan, namely, Nasar Khan, Muhammad Khan and Mian Khan the predecessors-in-interest of the petitioners, and Allah Khan, predecessor-in- interest of the respondents. However, in the third Revenue Settlement, the name of Allah Khan did not appear. The heirs of Allah Khan brought a suit on 21-7-1976 for a declaration to the effect that they were owners in possession of land measuring 408 Kanals and 13 Marlas. The suit was decreed on 29-10-1980, against which the petitioners filed an appeal which was dismissed by the Additional District Judge, Attock on 5-3-1982. The appellate Court held that the entire land belonging to Adam Khan devolved upon his sons as shown in the pedigree-table and that, therefore, the respondents being the descendants of Allah Khan, a son of Adam Khan, are entitled to get 1/4th share out of the land. The appellate Court noted that no mutation had been placed on record to show that Allah Khan had alienated his share to his other brothers and concluded that the land had continued to be in the joint Khata and the parties were in possession to the extent of their shares.

2. The petitioners then came to the High Court in revision and pressed their case on the ground of misreading of evidence but as they failed to point out any misreading and all they wanted was a re-appreciation of the evidence, the High Court declined to undertake the exercise in the revisional jurisdiction and accordingly dismissed the revision in limine.

3. In the background of the case and after hearing learned counsel, we do not find the order of the High Court open to exception. The petition is, therefore, dismissed.

Cited by 1 case

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch