Haji SABOO ETC. vs Mst. BASRAN ETC. — 1961 PLD 1651

Citation: 1961 PLD 1651

Court: Board of Revenue

Year: 1971

Decision Date: 1971-01-24

Parties: Haji SABOO ETC. vs Mst. BASRAN ETC.

Headnotes

Case cited as PLD 1961 Kar. 1651

Judgment Text

Court Name: Board of Revenue Judge(s): Nusrat Hasan Title: Haji SABOO ETC. vs Mst. BASRAN ETC. Case No.: R. O. R. No, 847 of 1969-70 Date of Judgment:1971-01-24 Reported As: PLD 1971 (Revenue) Sind 18 Result: Revision accepted Judgment ORDER This is a revision petition against the order dated 24-11-1969 of the Additional Commissioner, Khairpur whereby he accepted the respondent's appeal regarding mutation of inheritance in village Lund, Taluka Faiz-Gunj, District Khairpur. 2. The facts of the case are that one Haji Saeed Khan Lashari died about 30 years back leaving behind five sons who are the petitioners, and four daughters, two of whom are respondents and the other two had not contested. The land held by the deceased stood in the name of sons only in the revenue record since 1952-53. In 1969 respondents Nos, 1 and 2 Nusrat approached the Collector for their shares in the property, who Hasan, rejected their request vide his order dated 24- 7-1969 on the Member ground that the matter was old and the petitioners were in possession of the land of the deceased according to revenue record. Respondents filed an appeal before the Additional Commissioner, Khairpur, which was accepted by him vide the impugned order on the ground that the daughters had share in the property as per Muhammadan Law. 3. The case was heard on 22-10-1970 and 27-1-1971. Both the parties respectively urged the following points : Petitioners : (i)Saeed Khan Lashari had died 30 years back. He had 5 sons and…

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