HAYAT KHAN vs GUL REHMAN Ss — 2021 CLC 1506 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 CLC 1506 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: CLC
Parties: HAYAT KHAN vs GUL REHMAN Ss
Subject matter: Civil

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAYAT KHAN VS GUL REHMAN Ss.42 & 45---Suit for declaration and injunction---Mutation of inheritance---Inheritable rights---Scope---Plaintiffs-petitioners assailed transfer of suit property in favour of respondents-defendants on the plea that the property included shares of their predecessor-in-interests which was not given to them---Suit was decreed by Trial Court but Lower Appellate Court dismissed the same---Validity---When legal heir was deprived of his/her right of inheritance and he/she remained alive for a considerable period and did not challenge his/her deprivation from legacy of predecessor, then at later stage when legacy had changed many hands, further legal heirs had no locus standi to challenge inheritance mutation which remained unchallenged during life time of their predecessor---Predecessor-in-interest of petitioners-plaintiffs were deprived of their legacy in year 1937, therefore, suit filed in year 1993, when entire property had changed so many hands was not within the period of limitation---Revision was dismissed, in circumstances.

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