MUHAMMAD NAWAZ vs MUHAMMAD KHAN And Other
This matter concerns a petition for leave to appeal arising from a property inheritance dispute involving two mutations of land. The petitioner challenged the inheritance shares sanctioned in favor of the respondent, Nawaz, following the deaths of two brothers, Nasrullah and Jamadar. While the petitioner initially contested both mutations, he subsequently limited his challenge to Mutation No. 36, which concerned the inheritance of Jamadar. The core legal question presented was whether a previous compromise between the parties, wherein the petitioner had withdrawn an appeal regarding the inheritance share, precluded him from later challenging the mutation in a subsequent suit. The Supreme Court granted leave to appeal specifically regarding the petitioner's share in Jamadar's inheritance as recorded in Mutation No. 36. The Court held that the compromise, which had attained finality, raised significant legal questions regarding the binding nature of such settlements and the principle of spes successionis. Consequently, the Court granted leave to appeal and ordered the maintenance of the status quo regarding possession of the disputed share pending the final decision of the appeal.
- Does a compromise agreement between parties regarding inheritance shares, once finalized, preclude a subsequent suit challenging the same mutation?
- Can a party who has withdrawn an appeal based on a compromise later challenge the underlying mutation in a new suit?
ORDER
1. MUHAMMAD HALEEM, C.J.--One Sohna possessed agricultural land measuring 167 Kanals 11 marlas in the revenue estate of Mahaal Kotli, Tebsil Pasroor, District Sialkot. He expired and left him surviving Nawaz, a son from his wife Resham Bibi and three. Other sons namely, Nasrullah, Jamadar and Sardar Khan from his second wife Nawab Bibi. Nasrullah died issueless in 1959, and in the mutation of inheritance No.1050 sanctioned on 12th of September, 1961, Nawaz was given a share in the inheritance of Nasrullah alongwith Jamadar and Sardar Khan. Jamadar also died issueless, and in the mutation of inheritance No.36 sanctioned on 27-10-1979, Nawaz and Sardar Khan the real surviving brothers of Jamadar were given equal shares. Sardar Khan appealed against the share of inheritance sanctioned in favour of Nawaz which appeal was compromised by the parties and withdrawn by Sardar Khan on 20th of January, 1980. Nawaz who had earlier filed the suit also withdrew it. Subsequently on 12 of June, 1980, Sardar filed a suit challenging both the mutations, but the suit was dismissed on the grounds of limitation and estoppel on 27th of June, 1987 against which the appeal succeeded and the decree was reversed in regard to both the mutations. Revision against this decision was dismissed by the High Court on 25th of June, 1989.
2. The learned counsel for the petitioner contends that he would not question the decree qua Mutation No.1050, dated 12-9-1961 as, according to him, Nawaz had no share in the property of Nasrullah. But so far as the other Mutation No.36 is concerned, the decree was erroneous as Sardar Khan himself had withdrawn the appeal on account of a compromise between himself and Nawaz which had assumed finality and could not be disturbed on the principle of spes successionis.th Accordingly, we would grant leave to appeal to the petitioner qua his share in Jamadar's inheritance recorded in Mutation No.36. The learned counsel further concedes that he would not press the question of limitation.
3. Security for costs Rs.2,500.
4. Status quo as to possession qua his share in Jamadar's inheritance, till the decision of the appeal.