HAQ NAWAZ vs Mst. NUR BHARI AND 3 Other — 1969 SCMR 257

Citation: 1969 SCMR 257

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-09

Parties: HAQ NAWAZ vs Mst. NUR BHARI AND 3 Other

Headnotes

Case cited as 1969 SCMR 257

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: HAQ NAWAZ vs Mst. NUR BHARI AND 3 Other Case No.:Civil Petition for Special Leave to Appeal No. 65 of 1970 Regular Second Appeal No. 688 of 1962 Date of Judgment:1970-04-09 Reported As: 1970 SCMR 554 Result: Petition dismissed Judgment ORDER WAHIDUDDIN AHMAD J.-Land measuring 637 kanals, 11 marlas situate in village Chakrala, Tehsil and District Mianwali belonged to one Fateh Khan. On his death in October 1950, it was mutated in favour of his brother, Mehr Khan. Fateh Khan left a son, Nasir Khan, who was excluded from inheritance on Ha the ground that he was not his legitimate issue. On the 15 December 1952, petitioner Haq Nawaz and Nasir Khan brought a joint civil suit for possession of the land left by Fateh Khan was on the allegation that Nasir Khan was a legitimate son and heir of deceased Fateh Khan and he had sold 2/3rd share of the land inherited by him in favour of the present petitioner. The suit was dismissed by the Senior Civil Judge. On the 9th December 1953 but on appeal it was decreed by the learned District Judge by his order dated the 13th August 1954. After the decision of the above suit, Nasir Khan, on the 29 the March, 1951, filed in the Court of Civil Judge, Mianwali, Suit No. 201 of 1958, against the petitioner for a declaration that the mutation in his favour in respect of 2/3rd share of the land in dispute was based on fraud. The suit was dismissed on the 7th…

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