2012 PLP 2087 (YLR)

AMIN-UD-DIN KHAN, J.

Through this Writ Petition the petitioners have called in question the validity of orders dated 8-6-2004, 13-8-2002 and Mutation No.472 passed by respondents Nos.1, 2 and 4 respectively and for issuance of direction to respondents Nos. 3 and 4 to incorporate and implement the order of this court dated 20-1-2000.

2. The brief facts leading to the present writ petition are to the effect that Sardar Ali predecessor-in-interest of the petitioners and respondents Nos. 5 to 15 died in the year 1966 leaving 13 Acres of land situated in Chak No.10 Gijyani Teshil Chishtian District Bahawalngar. Sardar Ali deceased had two wives namely Mst. Saman and Mst. Noor Sain. From the wedlock of Mst. Noor Sain he had three sons namely Muhammad Hanif, Abdul Aziz and Hassan Muhammad and two daughters namely Nawab Bibi and Mst. Faizan Bibi whereas from the wedlock of Mst. Saman he had three sons namely Muhammad Hussain, Ghulam Muhammad and Ahmad Din and two daughters namely Mst. Sharfan and Mst. Charaghan Bibi. Upon the death of Sardar Ali Mutation of Inheritance No.63 was attested on 28-6-1966 in favour of illegal heirs except Muhammad Hanif, Abdul Aziz, Mst. Nawab Sain and Mst. Faizan Bibi. Lateron all the beneficiaries of the said Mutation No.63 transferred their shares in favour of Muhammad Hussain respondent vide Mutation No. 64 dated 24-7-1966. That thereafter Muhammad Hussain transferred 7 kanals of land in favour of his mother vide Mutation No.105 dated 27-7-1971. Lateron he again transferred 64 kanals of land in favour of Jan Muhammad respondent and 27 kanals of land in layout of Ghulam Muhammad respondent vide Mutation No.107 dated 27-7-1971 on the same day. That the petitioners filed a civil suit against Mutation No.63 in the court of Civil Judge, Chishtian and a consent decree was passed on 3-11-1971 and the impugned mutation was set aside and it was held that the inheritance of Sardar Ali deceased should be decided in accordance with Sharia, but some time after this judgment Jan Muhammad respondent No.5 filed an appeal against any other judgment of civil court in the court of Additional District Judge, Bahawalnagar which was accepted vide judgment dated 27-10-1977. That according to the judgment of the trial court Mutation of Inheritance No.111 was entered on 26-1-1982 but subsequently it was not attested due to the judgment dated 11-10-1976 of District Judge, Bahawalnagar. That aggrieved from the order dated 26-1-1982 the present petitioners filed Writ Petition No.1131 of 1988 in this court for issuance of direction to set aside the order dated 26-1-1982 and the mutation of inheritance of Sardar Ali may he sanctioned in favour of the petitioners in terms of decision dated 3-11-1971. That his lordship Mr. Justice Nazir Ahmad Siddique-J, has directed to the Revenue Authorities to incorporate the decree dated 3-11-1971 in Revenue Record in accordance with law vide judgment dated 20-1-2000 passed in Writ Petition No.113 of 1988, however, his lordship held that the rights of Jan Muhammad respondent with regard to the land purchased by him may be protected. That the petitioners submitted an application to Deputy Commissioner/ Collector Bahawalnagar to sanction the mutation of inheritance of Sardar Ali in accordance with the direction of this Hon'ble Court who vide his order dated 9-5-2000 allowed the petition and directed the Revenue Authorities to sanction the mutation of inheritance in accordance with the direction of this Court. The Officer did not obey the direction of this court and sanctioned the Mutation No.472 by giving 64 kanals of land including the share of the petitioners. That aggrieved by this order the petitioners filed an appeal in the court of Assistant Commissioner Sub-Division Chishtian who vide his order dated 2-8-2000 accepted the appeal and directed the Revenue Officer to incorporate/ implement the order of this Court dated 20-1-2000 in toto, both in letter and spirit and attest the mutation of inheritance afresh and directed by this court, vide order dated 2-8-2000. That aggrieved by this order Jan Muhammad respondent No.5 preferred an appeal in the court of E.D.O. (Revenue) Bahawalnagar who vide his impugned judgment dated 13-8-2002 set aside both the orders dated 9-5-2000 passed by Deputy Commissioner, Bahawalnagar and that of 2-8-2000 passed by Assistant Commissioner/ Collector Chishtian and restored Mutation No. 472 dated 22-5-2000. That aggrieved by the impugned order the present writ petitioners filed a Revision Petition in the Board of Revenue Punjab Lahore who vide his impugned judgment dated 8-6-2004 dismissed the revision of the petitioners vide impugned order dated 8-6-2004.

3. Learned counsel for the petitioners submit that legal heirs of Sardar Ali are not in dispute between the parties. Now the contest is in-between the petitioners and Jan Muhammad who is purchaser of 64 kanals of land through Mutation No.107 dated 27-7-1971. The legal heirs in no way can be denied from share of inheritance, furthermore when there is already a judgment of this court dated 20-1-2000 in Writ Petition No.1131 of 1988 for sanctioning of inheritance in favour of all the legal heirs.

4. Learned counsel for the respondents submit that it is fourth round of litigation between the parties in the shape of this writ petition. He submits that his client Jan Muhammad is a bona fide purchaser for value from Muhammad Hussain who was recorded owner of that land at that time. Learned counsel further submit that Muhammad Hussain to appoint Lambardar, with the consent of his brother and sister the land was transferred in his name, therefore, as per version of respondent Jan Muhammad the petitioner now cannot claim the inheritance. He lastly submits that all the proceedings are based on mala fide.

5. I have heard the learned counsel for the parties at length and gone through the record with their able assistance.

6. It is not disputed that at the time of death Sardar Ali left six sons and four daughters and two widows; at the time of attestation of inheritance mutation his two sons and two daughters were deprived from inheritance; that on 30-11-1971 a consent decree was passed that all the legal heirs he given their due legal shares and that this court while deciding Writ Petition No.1131 of 1988 on 20-1-2000 ordered the Revenue Officer to implement decree dated 20-11-1971 in the presence of Jan Muhammad the purchaser of the property from one of the legal heirs.

7. In the light of what has been discussed above, I am of the considered view that orders dated 8-6-2004 and 13-8-2002 are illegal, without jurisdiction and against the direction of this court hence, are set aside. The Revenue Officer will review Mutation No.63 passed on 28-6-1966 but from further review of Mutation No.107 sanctioned on 27-7-1971 by Muhammad Hussain in favour of Jan Muhammad the land in the entitlement of Abdul Aziz, Muhammad Hanif Faizan Bibi and Nawab Bibi will he excluded if required. If the entitlement of Jan Muhammad is shorten he will have every right to compensate from Muhammad Hussain. The writ petition is allowed in the above terms. The parties are left to bear their own costs. S.A.K.M-267/L Petition allowed.