RAB NAWAZ vs Mst. MEHR SAWAI And Other
This petition for leave to appeal arises from a judgment of the Lahore High Court dismissing the petitioner's civil revision in a matter concerning inheritance. The plaintiff-respondent, Mst. Mehr Sawai, filed a suit for her share in the inheritance property of her deceased husband, Sultan A.I Shah, which was decreed by the trial court and upheld in first appeal and revision. Before the Supreme Court, the petitioner, claiming as a successor-in-interest from the heirs, urged that the property had already been partitioned as framed under issue No. 7. The Supreme Court observed that the trial court had correctly noted that the defendants at whose instance the issue was framed did not contest the suit, leading to the decision against them. Consequently, the Supreme Court held that the petition lacked force and dismissed it. The key principle affirmed is that an un-contested issue regarding prior partition cannot be successfully urged by a successor-in-interest when the defendants who raised it failed to contest the suit.
- Can a successor-in-interest press an issue of prior partition when the defendants at whose instance the issue was framed failed to contest the suit?
- Whether a civil revision arising out of an inheritance suit can be maintained when the underlying factual issues were left uncontested at trial?
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 8-12-1986 of the Lahore High Court; whereby petitioner's civil revision arising out of a case of inheritance, was dismissed.
2. Sultan A.I Shah was the husband of Mst. Mehr Sawai respondent No. 1 and Mst. Murid Fatima respondent No.2. Mst. Sawai sued Mst. Murid Fatima and other heirs of Sultan A.I Shah for obtaining her share in the suit property as one of the heirs of Sultan A.I Shah. The suit was decreed. The first appeal and revision of Rab Nawaz petitioner who claims to be a successor-in-interest from heirs of Sultan, has now sought leave to appeal.
3. Learned counsel for the petitioner has pressed issue No. 7 which reads as follows:- "Whether the suit property and other property of Sultan A.I Shah deceased had already been partitioned and the parties are in possession of it according to their respective shares? O.P.D."
4. The learned trial Court made the following observation on this issue:- "The defendants on whose instance this issue was framed have not contested the suit and hence the issue is decided against them."
5. Accordingly, we find no force in this petition and the same, is dismissed. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 1 case
- S AM U N D A R- vs LAL MUHAMMAD And 9 Other 1987 PLD Quetta 209