MAFAIZA BEGUM vs GHAZWANA PERVEEN S — 2023 YLR 1961 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 YLR 1961 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: YLR
Parties: MAFAIZA BEGUM vs GHAZWANA PERVEEN S
Subject matter: Criminal
Provisions referred to: S. 4---S; S. 42---

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

MAFAIZA BEGUM VS GHAZWANA PERVEEN S. 4---Specific Relief act (I of 1877), S.42--- Suit for declaration---Share in estate of grandfather---Mutation of inheritance---New plea, raising of---Respondent/plaintiff claimed her share in estate of her deceased grandfather as she was daughter of pre-deceased son---Suit was decreed in favour of respondent/plaintiff by both the Courts below concurrently--- Validity--- In mutations under challenge revenue authorities allocated 1/3rd share in the estate to brothers of grandfather of respondent/plaintiff, which petitioner/ defendant supported in her written-statement---Question as to whether respondent/plaintiff would exclude brothers of her grandfather or that she would also get 1/3rdresidue of her deceased father was not raised in written-statement---No issue was framed nor any evidence was produced by petitioner/ defendant to raise or prove such plea---Even before Lower appellate Court such question was not specifically raised as evident from the grounds of appeal and also the judgment of Lower appellate Court---Petitioner/defendant could not raise any new plea that was not initially raised in pleadings or in evidence, for the first time before High Court---Law had to take its own course, and 1/3rd residue of deceased father of respondent/plaintiff after giving 1/3rd share to respondent / plaintiff was to be controlled by application of the rule that nearer in degree would exclude the more remote---High Court declined to interfere in concurrent findings of facts by two Courts below---Revision was dismissed, in circumstances.

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