1991 PLP 1835 (SCMR)
GHULAM QADIR and 3 others — Petitioners Versus Mst. KUNDAN and 2 others — Respondents
| Citation | 1991 PLP 1835 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and S. Usman Ali Shah, JJ |
| Parties | GHULAM QADIR and 3 others — Petitioners Versus Mst. KUNDAN and 2 others — Respondents |
| Primary Law | Constitution of Pakistan (1973) |
Q1: What are the key laws and sections cited in 1991 PLP 1835 (SCMR)?
This judgment primarily cites: Constitution of Pakistan (1973) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1835 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and S. Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1835 (SCMR) (GHULAM QADIR and 3 others — Petitioners Versus Mst. KUNDAN and 2 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ijaz Ahmed Ansari, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 30th October, 1989.
- Ijaz Ahmed Ansari, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(On appeal from the judgment dated 10-12-1986 of the Lahore High Court, Bahawalpur Bench in Civil Revision No.352-D-86/BWP).
Art. 185(3)
Petitioners wanted ouster of their sisters (respondents) from inheritance mainly on ground of Tamleek, but could not put forth factual aspect of case to satisfaction of Courts
Courts below concurrently found that sisters (respondents) being co-sharers would be deemed to have remained in possession of inherited property through petitioners and could not be ousted from inheritance
Concurrent findings of fact of Courts below could not be interfered with simply on plea of limitation raised by petitioners. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 ref.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH,. J: ‑‑Leave to appeal has been sought by the defendants side in a suit for declaration regarding inheritance and Tamleek; against the dismissal by the High Court, of their Civil Revision. Although the suit of the respondents side was dismissed by the trial Court the petitioners have lost in appeal and revision. The petitioners want to oust their sisters from inheritance; mainly on the ground of Tamleek. Learned counsel while being unable to satisfy us on the factual aspects of the case the concurrent findings of fact of the two Courts below being against the petitioners, relied only on the plea of limitation and contended that the respondents' suit was time‑barred and thus should have been dismissed accordingly. We do not agree with him. The sisters were co‑sharers. They shall be deemed to have remained in possession through the petitioners. There could not be plea of ouster against them. See `Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi CP‑133‑R of'1989, decided on 15th May, 1989 (PLD 1990 SC 1). Accordingly there is no force in this petition and the same, therefore, is dismissed. H.B.T./G‑266/S Petition dismissed.