AHMAD DIN vs MUHAMMAD SHAFI AND OTHERS — 1971 PLD 762

Citation: 1971 PLD 762

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-07-06

Parties: AHMAD DIN vs MUHAMMAD SHAFI AND OTHERS

Headnotes

Case cited as PLD 1971 Supreme Court 762

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman Title: AHMAD DIN vs MUHAMMAD SHAFI AND OTHERS Case No.: Civil Appeal No, 153 of 1970 Date of Judgment:1971-07-06 Reported As: PLD 1971 Supreme Court 762 Result: Appeal dismissed JUDGMENT JUDGMENT HAMOODUR RAHMAN, C. J.--This appeal by special leave arises out of a suit for a declaration to the effect that the appellant was the sole heir of one Allah Bakhsh and that the respondents herein had no right to inherit from him. The said Allah Bakhsh, who was originally, a resident of Chak No, 16/GB, Tehsil Abob Garh, in Beekaneer State in India, migrated to Pakistan and was allotted 130 kanals and 16 marlas of land in village Tapiala Dost Muhammad, Tehsil Shandara, District Sheikhupura. He died on 11th August 1952, without a wife or any issue. After his death a mutation was attested under para. 67, Part II of the Rehabilitation and Settlement Scheme, on the 18th December 1953, in the presence of the appellant and by this order of mutation Ahmad Din was given 1/3 share, Muhammad Shafi son of Chiragh Din 1/3 share, Inayat 7/48 share, Mst. Jan Bibi 1/24 share, Aisha Bibi and Fatima Bibi 7/48 share. The appellant did not object to this mutation, hence, separate Khatonis were issued in the names of the appellant, Muhammad Shafi and Jan Bibi in equal shares without any objection on the 18th September 1954. RL-II also issued to the heirs so recorded. The Khasra Girdawaris since prepared also show that…

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