MANZOOR HUSSAIN SHAH AND Another vs GHULAM HUSSAIN AND 22 Other — 1972 PLD 855

Citation: 1972 PLD 855

Court: Lahore High Court

Year: 1971

Decision Date: 1971-11-05

Parties: MANZOOR HUSSAIN SHAH AND Another vs GHULAM HUSSAIN AND 22 Other

Headnotes

Case cited as PLD 1972 Lahore 855

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Akram, A. R. Sheikh Title: MANZOOR HUSSAIN SHAH AND Another vs GHULAM HUSSAIN AND 22 Other Case No.: Regular Second Appeal No. 417 of 1962 Date of Judgment:1971-11-05 Reported As: PLD 1972 Lahore 855 Result: Appeal dismissed JUDGMENT JUDGMENT A. R. SHEIKH, J.-This second appeal has arisen out of :these facts. Muhammad Khan of Basti Gil Kala, Tehsil Shorkot, District Jhang, died leaving him surviving six sons including Hasan Khan (respondent No. 22) and Ghulam Hussain (respon--dent No. 1). Out of his inheritance Hasan Khan sold his I/6th share in the holding, without share in the shamilat, In favour of his nephew Ghulam Khan by means of mutation No. 43, dated the 11th of January 1930 (Exh. P. 4). Subsequently Hasan Khan sold his share in the shamilat to different persons, with which property we are not concerned in the present litigation. Because of inadvertence of the Revenue officials, Hasan Khan's name continued to appear in the proprietor's column of the revenue record as a co-sharer along with his five brothers in the Khata and taking advantage of that erroneous entry, Hasan Khan re-sold his 1/6th share to Amir Shah, the father of Manzoor Hussain, Riaz Hussain (appellant) and Mst. Hakim Bibi (respon--dent No. 23), by a registered sale-deed, on the 12th of June 1940 (Exh. D. 1) The land sold to Amir Shah fell by partition to the share of Ghulam Hussain, who brought the present suit for declaration to the effect that he is…

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