RAHMAT SHAH AND 2 OTHERS vs SARWAR AND ANOTHER — 1971 PLD 205

Citation: 1971 PLD 205

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-06-16

Parties: RAHMAT SHAH AND 2 OTHERS vs SARWAR AND ANOTHER

Headnotes

Case cited as PLD 1971 Peshawar 205

Judgment Text

Court Name: Peshawar High Court Judge(s): Shah Zaman Babar Title: RAHMAT SHAH AND 2 OTHERS vs SARWAR AND ANOTHER Case No.: Regular Second Appeal No, 182 of 1970 Date of Judgment:1971-06-16 Reported As: PLD 1971 Peshawar 205 Result: Appeal dismissed JUDGMENT JUDGMENT This judgment will dispose of R. S. As. Nos, 182 of 1970 and 185 of 1970. The parties are common. Most of the facts are common and a common question of law is involved. 2. Major Muhammad Yusaf Khan of Sikandarpur, Tehsil Haripur, District Hazara, was owner of land comprised in Khasra Nos, 11,1, 1325, 1327, measuring 324 kanals 15 marlas and Khasra Nos, 1326/1 and 1326, measuring 6 kanals 15 marlas. The last mentioned two khasra numbers are under mortgage. Major Muhammad Yusaf died, and vide inheritance mutation No, 1758, attested on 26-11-67, his inheritance devolved on Mst. Bibi 11am Taja widow, Qazi Abdul Latif, Muhammad Sharif, Muhammad Azam, Muhammad Nauroz and Muhammad Hanif, sons, and Mst. Bibi Masuda Asmat and Mst. Bibi Tahira daughters. By mutation No, 1760, attested on 27-1-68 Qazi Muhammad Azam, a son of Major Muhammad Yusaf, sold his share to the extent of 7/48 shares, out of the five khasra numbers mentioned above, in favour of Sarwar and Ashraf, sons of Kamun Khan. By another mutation No, 1794, attested on 27-1-1968, Qazi Abdul Latif, another son of Major Muhammad Yusaf, sold his 7/48 shares to Rehmat Shah, Rasul Shah and Maqbul Shah, sons of Bodla Shah. Mst. Bibi Ilam Taja, widow of Major Muhammad…

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