IQBAL ALI KHAN vs NASEEB ALI KHAN Ss — 2025 PLD 387 SUPREME-COURT

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IQBAL ALI KHAN VS NASEEB ALI KHAN Ss. 42 & 54---Qanun-e-Shahadat (10 of 1984), Arts. 123 & 124---Suit for declaration and injunction---Missing person---Proof---Hearsay evidence---Owner of suit land was issueless who had two brothers and one sister---Through sale mutation the owner transferred a portion of his land in favour of defendant/brother---Thereafter the owner had gone missing and remaining suit land was transferred through mutation of inheritance in favour of defendant/brother and defendant/ sister considering him (the owner) dead---Plaintiffs were successors-in-interest of third brother who did not get any share from suit land---Suit filed by plaintiffs was decreed and mutations in question were declared invalid---Validity---Statement of plaintiff could not be relied upon as he was a minor at the time of his father's death, and he had not stated who told him that his father was unaware of the sale---Such statement of plaintiff was treated as mere hearsay---Where original owner did not opt to contest sale mutation while alive, his death could not confer any rights or standing upon his descendants to challenge such sale---Plaintiffs lacked standing, and their claim was barred by time limitations imposed by law---If evidence shows a person was alive within thirty years prior to the date when question of his status arises, there is a presumption that he is still alive---Burden of proof then falls upon the party asserting his death---Such presumption is susceptible to rebuttal under Article 124 of Qanun-e-Shahadat, 1984---If it can be demonstrated that such a person has not been heard of for a period of seven years by those who would naturally have maintained contact with him, the burden of proof then shifts to those claiming the person is still alive---Predecessor-in-interest of plaintiffs predeceased his brother, thus, he had no claim to any inheritance from him---Plaintiffs lacked legal standing necessary to challenge validity of mutation of inheritance as they could not substantiate their claim to any share of inheritance---Supreme Court set aside judgments and decrees passed by the Courts below as none of the Courts below properly appreciated such aspect of the matter, and had misdirected themselves, holding that inheritance mutation was void---Supreme Court declared that both sale mutation and inheritance mutation were valid---Appeal was allowed.

IQBAL ALI KHAN vs NASEEB ALI KHAN Ss — 2025 PLD 387 SUPREME-COURT

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