Muhammad Irfan Butt vs Aliya Nawaz Ss — 2026 MLD 1001 LAHORE-HIGH-COURT-LAHORE

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Muhammad Irfan Butt VS Aliya Nawaz Ss. 372 & 373---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration and injunction---Statement in proceedings seeking succession certificate---Not a bar for the civil court to reach a contrary conclusion---Respondent/plaintiff was real sister of petitioners/defendants who had sought partition of their ancestral house---One of the petitioners/defendants claimed to be exclusive owner on the basis of a gift deed executed in his favour and relied upon statement made by respondent/plaintiff during proceedings under the Succession act, 1925---Suit filed by respondent/plaintiff was dismissed by the Trial Court but the Lower appellate Court passed a preliminary decree of partition of inherited property---Validity---Proceedings for obtaining succession certificate are summary in nature and disputed questions of title and entitlement cannot be determined therein---Resort is to be made to a court of plenary jurisdiction for determination of disputed facts through a civil suit---Determination by a civil court is binding on courts granting succession certificates in summary jurisdiction---Findings recorded in succession certificate proceedings cannot operate as a bar for the civil court to reach a contrary conclusion regarding title or rights---Mere statement made in such proceedings does not amount to relinquishment of legal right to inheritance---High Court declined to interfere in the well-reasoned judgment and decree passed by the Lower appellate Court as no illegality, jurisdictional defect, misreading or non-reading of evidence was found---Lower appellate Court was justified in setting aside the judgment of dismissal passed by the Trial Court and directing issuance of preliminary decree---Revision was dismissed, in circumstances.

Muhammad Irfan Butt vs Aliya Nawaz Ss — 2026 MLD 1001 LAHORE-HIGH-COURT-LAHORE

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