Inheritance Rights and Limitation in Revenue Record Disputes: A Recurring Cause of Action.
حقِ وراثت ایک جاری حق ہے — غلط ریونیو اندراجات اور میعادِ معطلی حقِ وراثت کو ختم نہیں کر سکتی
تمہید
حقِ وراثت کی قانونی حیثیت
میعادِ معطلی اور وراثتی دعویٰ
ریونیو ریکارڈ کی غلط اندراجات
تکنیکی نکات پر فیصلے کی حوصلہ شکنی
غلط بیانی اور بدنیتی پر مبنی لین دین
عدالتی نقطۂ نظر
نتیجہ
وراثتی قانون ---
متعلقہ سال کی جمع بندی میں مدعی کی والدہ کے چھوڑے ہوئے ترکہ کی زمین/جائیداد میں مدعی کا نام بطور مالک ظاہر ہو رہا تھا
--- کوئی غیر قانونی عمل یا غلط اندراج وقت کے گزرنے سے جائز نہیں ہو سکتا،
-- وراثت کے معاملے میں کوئی معیاد لاگو نہیں ہوتی
Must read Judgement
2024 C L C 106
[Lahore]
Before Muhammad Sajid Mehmood Sethi, J
ALLAH DITTA----Petitioner
Versus
ALI SHAH (DECEASED) through Legal Heirs and others----Respondents
Civil Revision No.1095-D of 2010, decided on 8th December, 2022.
Islamic law---
----Inheritance, right of---Limitation---Revenue entries, rectification / correction of---Recurring cause of action---Scope---Plaintiff claimed his share being real son and sole legal heir of his late mother out of her(mother's) share from the estate of her brother (deceased) by specifically challenging relevant mutations and Shajrah-e-Nasb---Suit for declaration filed by the petitioner/plaintiff was concurrently dismissed---Validity---Record revealed that the petitioner/plaintiff , in his evidence, had duly exhibited a document(which was the succession certificate for receipt of due debts of another late brother of petitioner's mother) and the name of petitioner/plaintiff was reflecting in said document (certificate)---Jamabandi for the relevant year regarding land / estate left by petitioner's late mother also showed his name as owner of said land / estate (left by his late mother)---Petitioner could not have been deprived of his lawful share out of the share of his mother from the estate of her deceased brother ---No one could be allowed to approbate reprobate, or otherwise blow hot and cold in one breath---In said circumstances, claim of petitioner/plaintiff was required to be determined by taking into consideration all relevant facts and documents brought on record rather than deciding the lis on technical grounds---Suit of the petitioner being a matter of inheritance was within time---No illegal act or wrong entry could be legitimized with efflux of time, howsoever long it might be---Mother of the petitioner/plaintiff was real sister of her deceased brother and petitioner /plaintiff being real son and sole legal heir of said lady had claimed his share in said capacity in the inheritance left by his maternal uncle---No limitation would run in the matter of inheritance having recurring cause of action---Party having its right in the inherited property could claim the same at any time---Any transaction found to be result of misrepresentation could not be protected on the sole score of limitation as the same did not apply in the case of inheritance as barrier of limitation was no more a hurdle in the enforcement of rights of inheritance unless a party was shown to be guilty of gross negligence and abandonment of his / her rights---Entries in the revenue record had afforded fresh cause of action to the plaintiff and adverse entries if allowed to remain unchallenged did not extinguish right of a party against whom such entry had been made---Courts below had not kept in view the above material aspects of the matter while dismissing the suit of the petitioner/plaintiff---High Court set aside the impugned judgments and decrees and consequently, the suit filed by the petitioner/plaintiff stood decreed---Revision was allowed, in circumstances.
Mst. Janat Bibi through L.Rs. v. Aslam Khan and 13 others 2017 CLC 436; Nusrat Abbas v. Nighat Parveen and others 2018 CLC 1115 and Muhammad Amin through Legal Heirs and 2 others v. Mst. Ashraf Bibi through Legal Heirs and another 2018 YLR 2524 ref.
Mian Muhammad Akram and Rai Mueen-ud-Din for Petitioner.
Mian Mumtaz Ahmad Zahid for Respondent No.1.
Ex parte for Respondents Nos.1B and 3.
Nemo for remaining Respondents