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Citation: 1973 SCMR 230
Court: Supreme Court of Pakistan
Year: 1966
Decision Date: 1966-10-06
Parties: MUHAMMAD RAZA KHAN AND 5 Others vs AHMAD ALI KHAN
Case cited as 1973 SCMR 230
Court Name: Supreme Court of Pakistan Judge(s): Alvin R. Cornelius, Fazal-e-Akbar, Muhammad Yaqub Ali Khan Title: MUHAMMAD RAZA KHAN AND 5 Others vs AHMAD ALI KHAN Case No.:Civil Petition for Special Leave to Appeal No. 379 of 1966 Letters Patent Appeal No. 363 of 1965 Date of Judgment:1966-10-06 Reported As: 1973 SCMR 230 Result: Petition dismissed Judgment ORDER MUHAMMAD YAQUB AL1, J.-It is contended that before paragraph 46 of the Rahabilitation (Land) Settlement Scheme Was amended on the 4th of March 1954, whereby the son of a deceased daughter of a right holder was included in the list of his heirs succession in the case had opened out and the land in dispute had been allotted and confirmed in the name of Muhammad Hassan Khan, father of the petitioners. On this premises it is claimed that Ahmad Ali Khan, respondent, who is son of the predeceased daughter of Sarfraz Khan was not entitled to succeed. The plea raised is without any basis. According to the entries in R. L. II Annexure "A" at page 39 of the printed paper book the land was allotted in the name of Sarfraz Khan and Muhammad Hassan Khan had agreed to the proposal as an heir of the right-holder. No mutation of inharitance of Sarfraa Khan was ever attested in favour of Muhammad Hagan Khan. On the contrary the Suit filed by the petitioners for a declaration that they were the exclusive heirs of Sarfraz Khan deceased was con--tested by the respondent and dismissed by the civil Court. It further appears on the…
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