MUHAMMAD BAKHSH AND 5 Others vs S. A. A. KHAN, C. S. P. MEMBER, BOARD — 1970 SCMR 517

Citation: 1970 SCMR 517

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: MUHAMMAD BAKHSH AND 5 Others vs S. A. A. KHAN, C. S. P. MEMBER, BOARD JUDGMENT

Headnotes

Case cited as 1970 SCMR 517

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title:MUHAMMAD BAKHSH AND 5 Others vs S. A. A. KHAN, C. S. P. MEMBER, BOARD JUDGMENT Reported As: 1970 SCMR 517 Result: Leave refused Judgment JUDGMENT SAJJAD AHMAD, J.-The petitioners are aggrieved by the decision of a Division Bench of the High Court of West Pakistan made in writ jurisdiction, refusing to interfere with the order of the Member, Board of Revenue, dated the 4th of February 1970, by which in acceptance of the revision petition filed by the respondents, it was directed that the petitioners should seek their remedy in the civil Court. The land in dispute was a part of the estate of one, Fateh Muhammad, who died in the year 1887. In the absence of any other customary heir, his step-mother Mst. Imran succeeded to his estate. She, in turn, made a gift of it to her step-daughter Mst. Hussain Bibi, the mother of respondents Nos. 2 and 3, somewhere in the years 1939 and mutation No. 1361 was attested in this behalf on the 20th of December 1939. This gift was successfully challenged in the civil Court by the predecessors -- interest of the petitioners and was held to be ineffective against their reversionary rights. On the death of Mst. Umran in the year 1948, her inheritance mutation was entered in favour of the petitioners and attested on the 9th of February 1963. The petitioners thereafter brought a civil suit for possession of various items of property left by Mst. Umran, against…

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