GHULAM QADIR And 3 Others vs Mst. KUNDAN And 2 Other
This matter arises from a petition for leave to appeal filed by the defendants against the dismissal of their civil revision by the High Court, upholding the lower appellate court's decision in a suit for declaration regarding inheritance and Tamleek. The core legal question concerns whether the plaintiffs' suit was barred by limitation when the defendants sought to oust their sisters from inheritance on the basis of Tamleek. The Supreme Court held that the petition lacks merit and dismissed it. The Court laid down the key principle that sisters being co-sharers shall be deemed to have remained in possession through their co-sharers, and therefore, the plea of ouster cannot be successfully raised against them to establish limitation bars.
- Whether sisters as co-sharers can be ousted from inheritance through a plea of limitation?
- Does possession of one co-sharer constitute possession of all co-sharers for the purpose of limitation?
- Can a petition for leave to appeal succeed against concurrent findings of fact regarding inheritance and Tamleek?
ORDER
1. MUHAMMAD AFZAL ZULLAH,. J: --Leave to appeal has been sought by the defendants side in a suit for declaration regarding inheritance and Tamleek; against the dismissal by the High Court, of their Civil Revision.
2. Although the suit of the respondents side was dismissed by the trial Court the petitioners have lost in appeal and revision. The petitioners want to oust their sisters from inheritance; mainly on the ground of Tamleek. Learned counsel while being unable to satisfy us on the factual aspects of the case the concurrent findings of fact of the two Courts below being against the petitioners, relied only on the plea of limitation and contended that the respondents' suit was time-barred and thus should have been dismissed accordingly.
3. We do not agree with him. The sisters were co-sharers. They shall be deemed to have remained in possession through the petitioners. There could not be plea of ouster against them. See `Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi CP-133-R of'1989, decided on 15th May, 1989 (PLD 1990 SC 1). Accordingly there is no force in this petition and the same, therefore, is dismissed.