BAIGAN Versus MUHAMMAD ANWAR A.R. Sheikh, Raja Muhammad Anwar and Salim Ahmad , Ch. Khurshid Ahmad, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record
This petition for leave to appeal challenges a judgment of the Lahore High Court, which affirmed a decree granting possession of land to the respondent, Muhammad Anwar. The dispute concerns the inheritance of property originally owned by one Fateh Din, who died in 1905. Following the death of the last male owner and the subsequent termination of the limited interest held by his widow, Mst. Baigan, the respondent claimed entitlement to the estate as the grandson (Nawasa) of Mst. Mehran, alleged to be the sister of the deceased. The petitioners contested the respondent's status as an heir, arguing that the inclusion of Mst. Mehran and Mst. Roshnai as sisters of the deceased in the pedigree table (Shajra Nasab) was erroneous and lacked evidentiary value. The Supreme Court granted leave to appeal to determine whether the evidence on record sufficiently establishes the relationship of Mst. Mehran as the sister of the deceased and the respondent as her grandson, and consequently, the extent of his entitlement to inherit from the estate of the last male owner.
- Whether the evidence on record is sufficient to prove that Mst. Mehran was the sister of the last male owner, Fateh Din?
- Whether the respondent is entitled to inherit from the estate of the last male owner as the grandson of his alleged sister?
- To what share of the estate is the respondent entitled if his relationship as the grandson of the deceased's sister is established?
ORDER
MANZOOR HUSSAIN SIAL, J.‑‑‑ The petitioners seek leave to appeal against judgment and decree dated 28‑4‑1992, of the Lahore High Court, whereby two appeals filed against consolidated judgment dated 10‑6‑1980, of the Additional District Judge, Sahiwal, were dismissed and the decree passed in favour of Muhammad Anwar respondent was maintained.
2. The facts in brief giving rise to this petition are that one Fateh Din was owner of land measuring 2315 Kanals and 16 Marlas. He died issueless on 1‑2‑1905, leaving behind his widow Mst. Baigan and mother Mst. Shahadat. On his death, the entire property was mutated ie their names in equal shares. Mst. Shahadat died in 1924 and the whole property was mutated on 10‑1‑1925, in the name of Mst. Baigan. It appears t6t Mst. Baigan remained in possession of the land, until her limited interest the estate was terminated by operation of law.
3. Muhammad Anwar, respondent claiming himself to be "Nawasa" of Mst. Mehran, the sister of Fateh Din (propositus) having failed before the Collector to establish his entitlement to inherit the property in dispute as heir of Fateh Din the last male owner, on the termination of the limited interest in the estate held by Mst. Baigan, instituted suit for possession of the land which was ultimately dismissed on 1‑2‑1974, by Civil Judge, Sahiwal.
4. On appeal filed by him, the learned District Judge, Sahiwal, on 10‑6‑1980, decreed the suit in his favour. Aggrieved by the aforesaid decision of the District Judge, the petitioner as also Muhammad Ramzan fled two appeals which were dismissed on 28‑4‑1992, vide impugned judgment and decree, by the Lahore High Court.
5. Learned counsel for the petitioners contended that the original Shajra Nasab did not contain the names of Mst. Mehran and Mst. Roshnai, as sisters of Fateh Din, these names were subsequently included in the Shajra Nasab prepared by the Patwari, which had no evidentiary value. It was further contended that the Additional District Judge, as well as, the learned Judge of the High Court misread evidence on record to hold Muhammad Anwar respondent as an heir of Fateh Din.
6. Leave to appeal is granted to consider, whether from the evidence on record, Mst. Mehran is proved to be sister of Fateh Din (popositus) and Muhammad Anwar respondent, as her Nawasa, if so to what share he is entitled to inherit from the estate of the last male owner.
A.A./B‑239/S Leave granted