MUBARIK SHAH vs Mst. BAKHMALA AND 3 Other — 1970 SCMR 611

Citation: 1970 SCMR 611

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-03-27

Parties: MUBARIK SHAH vs Mst. BAKHMALA AND 3 Other

Headnotes

Case cited as 1970 SCMR 611

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Hamoodur Rahman Title: MUBARIK SHAH vs Mst. BAKHMALA AND 3 Other Case No.:Civil Petition for Special Leave to Appeal No. 5_` of 1969 R. S. A. No. 375 of 1966 Date of Judgment:1970-03-27 Reported As: 1970 SCMR 611 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The property in dispute is 34 kanals and 12 marlas bearing Khasra Nos. 58, 80, 2069/59/60, 61, 62 and 63 in the limits of village Babi Jadid, Tehsil Nowshe: a, District Peshawar. Petitioner alleged that the above property, along with some other property, originally belonged to his father, Habib Shah. On his death, it was inherited by him and his brother Kabal Shah. He alleged that Kabal Shah had sold his entire share in the property. He also faced that he had also sold some of the areas of the property on the 10th April 1922 to Sardar Khan and Najab Khan and from its sale price redeemed some land which his father earlier had mortgaged and was in possession of that land since its redemption and as such has become the owner by that possession for more than 12 years. He, therefore, challenged the inheritance in favour of Mst. Bakhmala and others on the ground that his deceased brother Iqbal Shah had no interest in it and that the inheritance mutation No. 1630 of the said Iqbal Shah attested on the 13th February 1960, was not bind--ing on him. So far as the land redeemed by the petitioner was concerned, it was held that by redemption of the land…

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