Understanding Legal Implications of Inheritance Disputes

In Civil Revision No. 4663 of 2015, the Lahore High Court addressed a dispute over inheritance involving the petitioners, Muhammad Bashir Ahmad and another, against the Province of Punjab and others. The case revolved around the exclusion of Mst. Saidan Bibi’s heirs from the inheritance mutation of Fateh Muhammad’s property.

Key Areas:

Background of the Case: The petitioners claimed they were deprived of their rightful inheritance from Fateh Muhammad's estate due to the exclusion of their mother, Mst. Saidan Bibi, from the mutation records dated August 11, 1961. They sought their shares as her legal heirs.

Legal Proceedings and Arguments: The petitioners' suit was initially contested by respondent Safdar Ali, who argued that since Mst. Saidan Bibi had died in 1947, her children were not entitled to inheritance under the Muslim Family Laws Ordinance of 1961, which came into effect after Fateh Muhammad's death.The petitioners' earlier suit, filed in 2001, was withdrawn in 2002 without permission to file afresh, invoking Rule 1(3) of Order XXIII of the Code of Civil Procedure, 1908. This precluded them from instituting the current suit based on the same subject matter.

Trail Court Decision: The trial court dismissed the petitioners' suit on March 19, 2015, a decision upheld by the appellate court on November 30, 2015. The court cited precedents, including “Muhammad Yar (Deceased) through L.Rs. vs Muhammad Amin (Deceased) through L.Rs.” (2013 SCMR 464) and “Khawaja Bashir Ahmed and Sons (Pvt.) Ltd. vs Martrade Shipping and Transport” (PLJ 2021 SC 227), affirming that withdrawal of a suit without permission bars re-filing on the same grounds. Additionally, the suit was deemed time-barred under Order XXIII Rule 2 of the CPC, as it was filed eight years after the initial withdrawal.

Evidence and Findings: The documentary evidence regarding the deaths of Mst. Saidan Bibi and Fateh Muhammad was found unreliable, further weakening the petitioners' case. The courts maintained that concurrent findings based on factual evidence should not be disturbed unless proven perverse or legally flawed, as supported by cases like “Mst. Zaitoon Begum vs Nazar Hussain” (2014 SCMR 1469).

Conclusion: The Lahore High Court dismissed the revision petition, upholding the lower courts' decisions.

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