FAZAL MOHAMMAD KHAN AND Another vs Mst. MOHAMMAD JAN AND 2 Other — 1971 SCMR 138

Citation: 1971 SCMR 138

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-11-20

Parties: FAZAL MOHAMMAD KHAN AND Another vs Mst. MOHAMMAD JAN AND 2 Other

Headnotes

Case cited as 1971 SCMR 138

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: FAZAL MOHAMMAD KHAN AND Another vs Mst. MOHAMMAD JAN AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No: 249 of 1970 L. P. A. No. 135 of 1970 Date of Judgment:1970-11-20 Reported As: 1971 SCMR 138 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The dispute relates to the inheritance of Chhaju Khan and Maula Bakhsh sons of Sultan Khan. Chhaju Khan and Maula Bakhsh died during the disturbances of 1947. Chhaju Khan died issueless. His estate devolved upon Maula Bakhsh. The petitioners who are the sons of Maula Bakhsh preferred their claims in their names as the refugees right holders. Their names were entered into by the Patwari as successors-in-interest of Maula Bakhsh. The case came up for decision b1ore the Assistant Rehabilitation Commissioner (Lands) when it transpired that the petitioners had another brother Latif Khan. On the 22nd August 1954, Mutations Nos. 67 and 68 were attested in the names of the petitioners and Latif Khan. No objection was taken by the petitioners on this attestation of mutations. Later on, the question of the successor of Latif Khan came up for consideration in Mutation No. 912. On the 7th February 1967, the mutation was sanctioned in favour of respondent Mst. Mohammad Jan to the extent of 1/8th, respondent Mst. Sharifan to the extent of 1/2 and the remaining 3/8th of the property was mutated in favour of the petitioners. The…

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