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TARIQ MEHMOOD vs FATEH MUHAMMAD Ss — 2025 PLD 491 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2025 PLD 491 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2025
Reporter
PLD
Parties
TARIQ MEHMOOD vs FATEH MUHAMMAD Ss
Subject matter
Civil
Provisions referred to
S. 2---M; S. 2---S; Application Act (IX of 1948); Application Act (XXVI of 1937)

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

TARIQ MEHMOOD VS FATEH MUHAMMAD Ss. 42 & 54---Muslim Personal Law (Shariat) Application Act (IX of 1948), S. 2---Muslim Personal Law (Shariat) Application Act (XXVI of 1937), S. 2---Suit for declaration and injunction---Islamic Law---Inheritance---Non- Muslim successor-in-interest---Entitlement---Concurrent findings of facts by two Courts below---Suit land was owned by a Muslim and one of his sons converted to Qadiani faith---Respondents/plaintiffs assailed mutation of inheritance attested in favour of petitioners/defendants on the plea of change of faith---Suit and appeal were concurrently decided in favour of respondents/ plaintiffs---Validity---Canon of the Quran and Sunnah were applicable to inheritance of estate of deceased Muslim---Non-Muslim was not entitled to inherit any share from the estate of his Muslim relative as successor or predecessor---Predecessor-in-interest of petitioners/ defendants was Qadiani at the time of incorporation of inheritance mutation whereas his father who was owner of suit land was a Muslim---Predecessor-in-interest of petitioners/defendants was not entitled to inherit from the estate of his Muslim father---Trial Court rightly decreed suit of respondents/plaintiffs which decision was lawfully upheld by Lower Appellate Court---High Court in exercise of revisional jurisdiction declined to interfere in concurrent findings of facts by two Courts below, as the petitioners/defendants could not point out any illegality or material irregularity in judgments and decrees passed by two Courts below, neither there was any jurisdictional defect---Revision was dismissed, in circumstances.

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