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Citation Name: 2024 YLR 257 PESHAWAR-HIGH-COURTBookmark this Case ZAIB NOOR vs ADJUTANT GENERAL PAY AND PENSION Ss — 2024 YLR 257 PESHAWAR-HIGH-COURT

Case information

Citation
2024 YLR 257 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 257 PESHAWAR-HIGH-COURTBookmark this Case ZAIB NOOR vs ADJUTANT GENERAL PAY AND PENSION Ss
Subject matter
Civil
Provisions referred to
Limitation Act (IX of 1908); Limitation Act

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

Citation Name: 2024 YLR 257 PESHAWAR-HIGH-COURTBookmark this Case ZAIB NOOR VS ADJUTANT GENERAL PAY AND PENSION Ss. 42 & 54---Limitation Act (IX of 1908), Art. 110---Constitution of Pakistan, Art. 2A---Suit for declaration and injunction---Bereaved family of martyred officer---Claim of legacy---Bereaved Families Scheme, status of---Petitioners/plaintiffs were parents of Shaheed officer and claimed his legacy after Shahadat, as his legal heirs---Suits and appeals filed by petitioners/plaintiffs were dismissed by Trial Court and Lower Appellate Court---Validity---Claims of bereaved families were regulated under policy devised by authorities---Such policy did not have force of statute or rules framed under a statute, as it was neither primary nor secondary law---Law of Shariah was supreme law of land under the Constitutional command and Art. 2-A of the Constitution was promulgated making objective resolution as substantive part of the Constitution---Claim of petitioners/ plaintiffs in Courts below was in respect of amount of rent coming from an apartment, which was a recurring cause---Any person even in case of recurring cause, like receipt of rent, would only be able to ask for rent of three years according to Art. 110 of Limitation Act, 1908---High Court declared that petitioners/plaintiffs were wrongly excluded from their due share in inheritance while allotting apartment to widow and daughter of Shaheed officer---High Court directed military authorities to make necessary corrections in their record---Revision was allowed accordingly.

Other judgments reported in 2024 YLR

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