Daughter’s Right in Inheritance: A Landmark Judgment by Lahore High Court.
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| Daughter’s Right in Inheritance: A Landmark Judgment by Lahore High Court |
وراثت میں بیٹی کا حق: لاہور ہائی کورٹ کا اہم فیصلہ
کیس کا پس منظر
عدالتی کارروائی اور فیصلہ
3. قانون کے مطابق،
قانونی اثرات اور اہم نکات
Must read judgement
Citation Name : 2023 YLR 1961 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MAFAIZA BEGUM
Side Opponent : GHAZWANA PERVEEN
S. 4---Specific Relief Act (I of 1877), S.42--- Suit for declaration---Share in estate of grandfather---Mutation of inheritance ---New plea, raising of ---Respondent/plaintiff claimed her share in estate of her deceased grandfather as she was daughter of pre-deceased son---Suit was decreed in favour of respondent/plaintiff by both the Courts below concurrently--- Validity--- In Mutation s under challenge revenue authorities allocated 1/3rd share in the estate to brothers of grandfather of respondent/plaintiff, which petitioner/ defendant supported in her written-statement---Question as to whether respondent/plaintiff would exclude brothers of her grandfather or that she would also get 1/3rdresidue of her deceased father was not raised in written-statement---No issue was framed nor any evidence was produced by petitioner/ defendant to raise or prove such plea---Even before Lower Appellate Court such question was not specifically raised as evident from the grounds of appeal and also the judgment of Lower Appellate Court---Petitioner/defendant could not raise any new plea that was not initially raised in pleadings or in evidence, for the first time before High Court---Law had to take its own course, and 1/3rd residue of deceased father of respondent/plaintiff after giving 1/3rd share to respondent / plaintiff was to be controlled by application of the rule that nearer in degree would exclude the more remote---High Court declined to interfere in concurrent findings of facts by two Courts below---Revision was dismissed, in circumstances.