Pakistan Case LawMUZAFFAR KHAN and 16 others Versus ABDUL WAHAB and 31 others
This appeal by special leave arises out of a declaratory suit filed by the appellants claiming a share in the property left by Abdul Majid and Abdul Karim, asserting they were collaterals in the third degree through their common ancestor Azad Khan. The trial court dismissed the suit, and the lower appellate court dismissed the subsequent appeal. A revision petition in the High Court partly succeeded. The core legal question was whether the appellants successfully established their pedigree and relationship as brothers of the propositus's father based on revenue records and previous litigation judgments. The Supreme Court held that the concurrent findings of fact by the subordinate courts regarding the pedigree table entries were correct and that previous litigation judgments did not prove the asserted brotherhood. The appeal was consequently dismissed, affirming the concurrent findings.
- Can revenue records and pedigree tables form the basis for concurrent findings regarding family relationships in inheritance matters?
- Do previous litigation judgments not explicitly establishing brotherhood suffice to overturn concurrent factual findings on pedigree?
SAAD SAOOD JAN, ACTG. CJ.---This appeal by special leave arises out of a declaratory suit brought by the appellants with regard to their share in the property left by Abdul Majid and Abdul Karim who, according to them, were their collaterals in the third degree. The suit was dismissed by the trial Court and their appeal before the Additional District Judge also failed. They then filed a revision petition in the High Court which partly succeeded.
2.The appellants are the heirs of Zarif Khan who was the son of Najab Khan. Their claim to a share in the property left by Abdul Karim and Abdul Majid is based on the assertion that Najab Khan was a brother of Jehangir Khan, both being sons of Azad Khan. It is common ground between the parties that Jehangir Khan had two sons, Abdul Majid and Abdul Karim. Both died issueless. On the death of Abdul Majid his property was inherited under the custom by his widow, Mst. Tabani, as a limited estate holder. Her limited interest now stands terminated.
3.After appraising the evidence led before it the trial Court held that the appellants had not been able to establish that Najab Khan and Jehangir Khan were brothers. In arriving at this conclusion it relied upon the entries in the Revenue Record relating to the period beginning from 1895 and ending with 1928. In the Pedigree Tables prepared during this period Jehangir Khan was shown as the lone son of Azad Khan. The High Court did not interfere with the concurrent finding of the subordinate Courts on the alleged relationship between Najab Khan and Jehangir Khan. Before us learned counsel for the appellants contends that in recording their findings on this question the subordinate Courts had overlooked some judgments in the previous litigation between Mst. Tabani and Zarif Khan, father of the appellants. He has read those judgments before us but these do not indicate that Najab Khan was a brother of Jehangir Khan. All that is being stated therein is that the parties to the litigation were reversioners inter se. This will hardly lead to the inference that Najab Khan and Jehangir Khan were brothers. In the circumstances, the judgments in the previous litigations upon which the learned counsel heavily relies do not detract from the concurrent finding of the subordinate Courts on the question. This appeal is without any merit and is hereby dismissed. There will be no order as to costs.
Judges on this bench
- Saad Saood Jan2,559 judgments
- Wali Muhammad Khan585 judgments