P L D 1959 W (PLP)
Mst. NOOR SAIN‑Petitioner Versus NUR AHMAD and others‑Respondents
| Citation | P L D 1959 W (PLP) |
| Forum / Court | |
| Bench Members | H. A. Majid, Member, Board of Revenue, West Pakistan |
| Parties | Mst. NOOR SAIN‑Petitioner Versus NUR AHMAD and others‑Respondents |
Q1: What are the key laws and sections cited in P L D 1959 W (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1959 W (PLP)?
The case was heard and decided by the bench comprising: H. A. Majid, Member, Board of Revenue, West Pakistan.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1959 W (PLP) (Mst. NOOR SAIN‑Petitioner Versus NUR AHMAD and others‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
Mutation‑Deceased owner leaving behind two sons and daughter‑Mutation should be sanctioned in favour of sons and daughter‑Sister wishing to relinquish her right in favour of brothers‑Effect to be given under separate mutation.
Judgment & Decree
Revision Side No. 122 of 1955‑56, decided on 21st November 1956, District Babawalpur. Mutation‑Deceased owner leaving behind two sons and daughter‑Mutation should be sanctioned in favour of sons and daughter‑Sister wishing to relinquish her right in favour of brothers‑Effect to be given under separate mutation. The petitioner is the sister of the two respondents who are real brothers. When the inheritance from their father became available, the mutation was sanctioned in favour of the two brothers in equal shares. The Revenue Officer had at that time recorded a statement of the present petitioner to the effect that she was willing to give up her claim to her share of the inheritance. It appears, however, that she started agitating soon afterwards and appealed to the Collector. He dismissed her appeal Later on, she came up in revision. The Collector at present thinks that the petitioner should be bound by the statement which she made before the Assistant Collector on 29‑3‑
54. The Deputy Commissioner, who had the powers of a Commissioner, however, thinks that she should not be deprived of her share in the inheritance and that the Revenue Officer's procedure was defective to the extent that he should have initially sanctioned the inheritance in accord ance with the Shariat law and if the petitioner later decided to give up her share, a separate mutation should have been entered for the purpose. I consider that the present recommendation of the Deputy Commissioner should be accepted. I, therefore, direct, by wav of revision, that the order of mutation No. 281 of the estate of Badr Din in the Hasilpur Tahsil, be altered to the extent that the inheritance from Jiwan would go to the two brothers (Nur Muhammad and Muhammad Bux) to the extent of 4/5ths in equal shares and to the sister (Mst. Nur Sain) to the extent of 1/5th. K.M.A. Petition accepted.