2005 PLP 1717 (SCMR)
MUHAMMAD KHALID and others — Petitioners Versus Mst. NOOR BIBI and others — Respondents
| Citation | 2005 PLP 1717 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ |
| Parties | MUHAMMAD KHALID and others — Petitioners Versus Mst. NOOR BIBI and others — Respondents |
| Primary Law | Islamic Law |
Q1: What are the key laws and sections cited in 2005 PLP 1717 (SCMR)?
This judgment primarily cites: Islamic Law as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1717 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Tanvir Ahmed Khan and Khalil-ur-Rehman Ramday, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1717 (SCMR) (MUHAMMAD KHALID and others — Petitioners Versus Mst. NOOR BIBI and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mirza Hafeez-ur-Rehman, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 24th February, 2003.
Headnotes / Summary
(On appeal from the judgment, dated 26-11-2002 of the Lahore High Court, Lahore, passed in Civil Revision No.64 of 1999 and F.A.O. No.15 of 1999).
Principle of nearer in degree excludes the more in remotness
Plaintiffs were descendants. of paternal uncle and aunt of the deceased issueless owner of the suit property, whereas the defendants were maternal uncles of the deceased
Mutation of inheritance attested in favour of defendants was assailed by the plaintiffs before civil Court
Trial Court dismissed the suit and the judgment and decree passed by the Trial Court was maintained by Appellate Court as well as by High Court
Defendants being maternal uncles of the deceased had got preferential right over the descendants of paternal uncle and aunt of the deceased on the principle of nearer in degree excludes the more in remotness-Courts below had rightly dismissed the suit- Plaintiffs failed to point out any illegality, or legal infirmity in the judgments warranting interference by Supreme Court
Leave to appeal was refused. Principles of Muhammadan Law by Mulla rel.
Judgment & Decree
TANVIR AHMED KHAN, J
Leave to appeal is sought against the judgments, dated 26-11-2002 of the learned Single Judge of the Lahore High Court, Lahore, dismissing Civil Revision No.64 of 1999 and F.A.O. No.15 of 1999 respectively filed by the petitioners. The facts briefly stated are that the petitioners filed a declaratory suit to the effect that they were legal heirs of deceased Muhammad Sharif who had died issueless and the respondents/defendants had got no concern whatsoever with his inheritance. They based their claim on the ground that they were sons and daughters of paternal uncle and aunt of deceased Muhammad Sharif. This suit was resisted by the respondents/defendants. Issues were framed, the parties led their evidence and the learned Civil Judge 1st Class, Sialkot, through his judgment, dated 26-11-1990 dismissed the suit. The petitioners filed an appeal assailing the aforesaid judgment, which was dismissed by the learned Additional District Judge, Sialkot. Feeling aggrieved by the above judgment of the First Appellate Court, aforesaid civil revision and F.A.O. filed before the Lahore High Court were dismissed by a learned Single Judge through his judgments dated 26-11-2002, impugned herein. Hence, these petitions for leave to appeal. We have considered the contentions raised by the learned counsel for the petitioners and have examined the entire material placed on record with his assistance. Admittedly, the petitioners are sons and daughters of the paternal uncle and aunt of deceased Muhammad Sharif while the respondents are maternal-uncle of said Muhammad Sharif. None of them is either sharer or residuary. Their case falls in the fourth category of section 68 on Principles of Muhammadan Law by Mulla. However, the respondents are maternal-uncles of deceased Muhammad Sharif. They certainly have got preferential right over the descendents of paternal uncle and aunt on the principle of nearer in degree which excludes the more in remote. The learned trial Judge as well as the A learned first Appellate Court have thrashed the above issue threadbare and dismissed the suit filed by the petitioners, which determination has been maintained by a\ learned Single Judge of the Lahore High Court through a well-reasoned judgment. Learned counsel for the petitioners has failed to point out any illegality or legal infirmity in the impugned judgment warranting interference by this Court. Resultantly, for what has been stated above, the instant petition being devoid of any merit is hereby dismissed and leave refused. M.H./M-850/S Petition dismissed.