SHARIF AHMAD vs NAZIR AHMAD And Other
This matter arises from a petition for leave to appeal directed against the judgment of the Lahore High Court, which dismissed the petitioner's constitutional petition challenging the orders of the Revenue Authorities, including the Member, Board of Revenue, regarding a dispute over inheritance. The core legal question concerns the appropriate forum for adjudicating complicated questions of law and fact relating to inheritance, specifically involving issues of religious conversion and determination of heirs. The Supreme Court held that where a matter involves complex questions of law and fact requiring evidence regarding whether a deceased embraced Islam and the identification of legal heirs, the proper forum is a court of general jurisdiction rather than constitutional writ jurisdiction. The Court affirmed the principle that High Courts rightly decline to interfere under writ jurisdiction in property and inheritance disputes necessitating extensive factual inquiry and evidence, directing aggrieved parties to seek their remedy before a civil court.
- Is a constitutional petition the proper forum for resolving complicated questions of law and fact involving inheritance and determination of heirs?
- Whether the Supreme Court will interfere with a High Court order directing a party to seek remedy before a civil court in an inheritance matter?
ORDER
1. ASLAM RIAZ HUSSAIN, J.--Sharif Ahmad, petitioner seeks leave to appeal against the judgment of a learned Single Judge of the Lahore High Court, dated 15-12-1979, dismissing his Writ Petition (No. 8003 of 1979).
2. We have heard the petitioner's counsel and gone through the impugned judgment.
3. The matter involves a question of inheritance, which was first agitated by the petitioner before the Revenue Authorities including Member, Board of Revenue. Not feeling satisfied with the order of M.B.R., the petitioners moved the High Court, through a constitutional petition, which was, however, dismissed with the following observations:- "Complicated question of law and facts are involved in this case which require evidence as to whether the deceased embraced Islam and who are his heirs. The proper forum is the civil Court.
4. The petitioner, if advised, may seek remedy in that forum. With this observation this writ petition is disposed of."
5. After hearing the petitioner's counsel, perusing the impugned judgment and considering the matter in its entirety, we find ourselves in respectful agreement with the abovenoted view expressed by the High Court, whereby the petitioner has been advised to seek his remedy before a Court of general jurisdiction. The matter does not, therefore need interference by this Court. The petition is consequently dismissed.
Cited by 2 cases
- Dr. PERVAIZ MEHMOOD HASHMI vs PROVINCE OF SINDH through Secretary 2016 PLD Sindh 114
- MUMTAZ AHMAD CHOUDHARY vs NATIONAL BANK OF PAKISTAN 1989 MLD 3436