Al Wakeelo
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Your Digital Lawyer, Always on Duty
Initializing Secure Chambers
Petitioner: GHULAM QADIR And 3 Others VS Respondent: Mst. KUNDAN And 2 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: GHULAM QADIR And 3 Others vs Mst. KUNDAN And 2 Other Case No.: Civil Petition for Leave to Appeal No.97 of 1987 Date of Judgment:1991-10-30 Reported As: 1991 SCMR 1835 Result: Petition dismissed
Judgment ORDER MUHAMMAD AFZAL ZULLAH,. J: --Leave to appeal has been sought by the defendants side in a suit for declaration regarding inheritance and Tamleek; against the dismissal by the High Court, of their Civil Revision. Although the suit of the respondents side was dismissed by the trial Court the petitioners have lost in appeal and revision. The petitioners want to oust their sisters from inheritance; mainly on the ground of Tamleek. Learned counsel while being unable to satisfy us on the factual aspects of the case the concurrent findings of fact of the two Courts below being against the petitioners, relied only on the plea of limitation and contended that the respondents' suit was time-barred and thus should have been dismissed accordingly. We do not agree with him. The sisters were co-sharers. They shall be deemed to have remained in possession through the petitioners. There could not be plea of ouster against them. See `Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi CP-133-R of'1989, decided on 15th May, 1989 (PLD 1990 SC 1). Accordingly there is no force in this petition and the same, therefore, is dismissed.