NANNAH KHAN Versus BARKHURDAR

ORDER

AJMAL MIAN, J.--- This is a petition for leave to appeal against the judgment dated 17-5-1993 passed by a learned Single Judge of the Lahore High Court in Civil Revision No.1828 of 1991 filed by the respondents against the concurrent judgments/decrees of the two Courts below dated 10-10-1989 and 30-6-1991 of the learned Civil Judge, Jhang, and of the learned Additional District Judge, Jhang, allowing the same by setting aside the above -concurrent judgments/decrees. The petitioners have, therefore, filed the present petition for leave to appeal.

2. In support of the above petition, Malik Talib Hussain Awan, learned counsel appearing for the petitioners, has contended that the mutations were effected in favour of the petitioners as showing legal heirs of Khushal, who were the real brothers of the respondents and step-brothers of the petitioners, on 14-6-1957, whereas the suit was filed in 1987 i.e. after 30 years and, therefore, the High Court was not justified in reversing the concurrent judgments/decrees of the two Courts below. However, he is unable to urge that the petitioners were in fact the legal heirs of deceased Khushal in presence of real brothers and sisters i.e. the respondents.

3. The petitioners and the respondents had common ancestor, Machhia, who had two wives, namely, Mst. Noorai and Mst. Saban. Deceased Khushai and the respondents were born from Mst. Noorai; whereas the petitioners were born from Mst. Saban. The suit land was mutated originally jointly in the names of the legal heirs of Machhia. After the death of Khushal, the respondents should have been shown as his only legal heirs in the revenue record, but somehow the names of the petitioners were also included. Since both the parties were in joint possession of the suit land, the mere above wrong entry in the revenue record would not deprive the respondents from the ownership in respect of the land inherited by them from Khushal. The High Court has effectively dealt with the above point. The petition has no merits. Leave is refused.

A.A./L-85/S Leave refused.