Mst. KHUDEJA vs JEHANGIR KHAN AND 37 Other — 1971 SCMR 395

Citation: 1971 SCMR 395

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-04-14

Parties: Mst. KHUDEJA vs JEHANGIR KHAN AND 37 Other

Headnotes

Case cited as 1971 SCMR 395

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: Mst. KHUDEJA vs JEHANGIR KHAN AND 37 Other Case No.: Civil Appeal No. 7-P of 1970 R. S. A. No. 510 of 1965 Date of Judgment:1971-04-14 Reported As: 1971 SCMR 395 Result: Appeal accepted JUDGMENT JUDGMENT SAJJAD AHMAD, J.-This appeal, by special leave, is directed against the decision of a learned Single Judge of the former High Court of West Pakistan (Peshawar), whereby the appellant's second appeal against the judgment and decree of the District Judge, Mardan, reversing that of the trial Court, was dismissed in limine. The brief facts are as follows The respondent, Jehangir Khan, instituted a declaratory suit in the Court of Civil Judge, Swabi, against the appellant and others for a declaration that he was the owner of 4 out of 16 shares in land measuring 207 kanals 9 marlas, situated in village Zaida, of Mardan District. It was averred in the plaint that the respondents, Safdar Ali and Abdul Qadir, were the owners of the remaining 12 shares, and that the appellant was not entitled to any share in this land, and that her name was wrongly recorded as an owner in the revenue papers. The necessity for the suit arose because the appellant had obtained a decree from the revenue Courts for her share of the produce of the land. According to the plaintiff-respondent's contention, the suit property was originally owned by Wat Mir, which, on his demise devolved on his…

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