Malik Muhammad Anwar vs Chand Bibi (deceased) Ss — 2025 MLD 1294 LAHORE-HIGH-COURT-LAHORE

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Malik Muhammad Anwar VS Chand Bibi (deceased) Ss.42 & 54 --- Qanun-e-Shahdat (10 of 1984), Art.117 --- Civil Procedure Code (V of 1908), S.115 & O.VI, R.4 --- Suit for declaration along with possession through partition ---Claiming inheritance right in suit property --- Inheritance and succession matters --- Lineage/successive chain of relationship with original owner, proof of --- Scope --- Legatee must prove heirship as well as complete chain of hereditary relationship with original owner --- The petitioner along with respondents Nos. 30 to 32, filed a suit for declaration, along with possession through partition, and permanent as well as mandatory injunction claiming inheritance rights in the suit property --- Through the said suit, registered sale deeds in favour of respondents Nos. 26 to 28 were challenged as fraudulent --- Suit was dismissed and appeal also met the same fate ---Held: Petitioner failed to substantiate his basic claim of being a legal heir of the deceased--- Similarly, he was unable to provide credible evidence to establish the complete chain of hereditary relationship with the original owner --- Courts below could now proceed on mere unsubstantiated assertions without corroborative evidence, particularly in matters related to inheritance and succession where clear proof of lineage was essential for establishing rightful claims --- Moreover, no credible documentary evidence was produced by the petitioner to establish original owner's ownership over the suit property ---Moreover, no serious effort was made by the petitioner to prove any illegality in the registered sale deeds --- Besides all of the above, during cross- examination, the petitioner admitted that the sellers had transferred their shares through registered sale deeds in favour of respondents Nos. 26 to 28 --- He also acknowledged that the property described in the said sale deeds was distinct from the suit property and the disputed construction work was made by the respondents/defendants without any objection or resistance from anyone ---No cogent explanation or legal justification for the prolonged silence and inaction on the part of the petitioner was provided --- Even otherwise, the principles of acquiescence and waiver were applicable to bar him from obtaining any relief, as his inaction and implicit acceptance of the respondents' activities had effectively extinguished any remedies that might otherwise would have been available --- Unsubstantiated claims presented in pleadings hold no weight unless those are reinforced by compelling evidentiary support --- Revision petition, being devoid of any merits, was dismissed in limine.

Malik Muhammad Anwar vs Chand Bibi (deceased) Ss — 2025 MLD 1294 LAHORE-HIGH-COURT-LAHORE

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