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1987 SCMR 785

Rab Nawaz v. Mst. Mehr Sawai and others 1987 SCM R 785

Petitioner: RAB NAWAZ VS Respondent: Mst. MEHR SAWAI And Other

Court: Supreme Court of Pakistan Decision Date: 1987-02-10

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s): Mian Burhanuddin Khan, Muhammad Afzal Zullah, Saad Saood Jan Title: RAB NAWAZ vs Mst. MEHR SAWAI And Other Case No.: Civil Revision No. 2341 of 1986 Appeal No. 76 of 1987 Date of Judgment:1987-02-10 Reported As: 1987 SCMR 785 Result: Petition dismissed

Judgment ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 8-12-1986 of the Lahore High Court; whereby petitioner's civil revision arising out of a case of inheritance, was dismissed. Sultan A.I Shah was the husband of Mst. Mehr Sawai respondent No. 1 and Mst. Murid Fatima respondent No.2. Mst. Sawai sued Mst. Murid Fatima and other heirs of Sultan A.I Shah for obtaining her share in the suit property as one of the heirs of Sultan A.I Shah. The suit was decreed. The first appeal and revision of Rab Nawaz petitioner who claims to be a successor-in-interest from heirs of Sultan, has now sought leave to appeal. Learned counsel for the petitioner has pressed issue No. 7 which reads as follows:- "Whether the suit property and other property of Sultan A.I Shah deceased had already been partitioned and the parties are in possession of it according to their respective shares? O.P.D." The learned trial Court made the following observation on this issue:- "The defendants on whose instance this issue was framed have not contested the suit and hence the issue is decided against them." Accordingly, we find no force in this petition and the same, is dismissed.

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