ABDUL QAYYUM vs GHAZALA ISMAIL S — 2022 YLR 1328 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 YLR 1328 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: YLR
Parties: ABDUL QAYYUM vs GHAZALA ISMAIL S
Subject matter: Civil
Provisions referred to: S. 4---S; S. 115

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

ABDUL QAYYUM VS GHAZALA ISMAIL S. 4---Suit for partition of immovable property---Scope---Plaintiffs instituted a suit for possession through partition along with permanent injunction against the defendants with the contention that suit land was owned by their father---Validity---Mutation of suit land revealed that widow of deceased was owner of 1/8 share, two daughters of deceased (plaintiffs) were owners of 2/3 share and uncle of deceased was owner of 5/24 share being legal heirs of deceased---Uncle of deceased had inherited from the legacy because the original owner had died without any male issue---Said document had remained un-rebutted and fully established the stance of plaintiffs---Defendants were legal heirs of the uncle of deceased---Copy of mutation and jamabandi had established on record that the plaintiffs were owners of the suit land---Courts below had rightly passed the preliminary decree in favour of plaintiffs---Findings of courts below on question of facts and law having based upon proper appreciation of oral as well as documentary evidence produced in the suit were not liable to be reviewed or substituted by the High Court while exercising jurisdiction under S. 115 of C.P.C.---Civil revision was dismissed, in circumstances.

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