JAMSHED KHAN vs AKBAR KHAN Ss — 2026 PLD 146 LAHORE-HIGH-COURT-LAHORE

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JAMSHED KHAN VS AKBAR KHAN Ss. 42 & 54---West Pakistan Muslim Personal Law (Shariat) Application Act (IX of 1948), S.3---Limitation Act (IX of 1908), Ss. 3, 18, First Schedule, Arts. 95 & 120---Suit for declaration and injunction---Inheritance right---Limitation---Scope---Suit filed by respondents / plaintiffs was with regard to share of a deceased widow whose husband (owner of land) died in year 1947 during migration to Pakistan---Suit was filed in year 2009 and Lower Appellate Court partially decreed the suit in favour of respondents / plaintiffs---Validity---Claim of inheritance must cross the bridge of limitation, waiver and acquiescence---Unchecked tendency of encouraging a relief in the guise of inheritance was not warranted under the law---Encouragement of such claims and long drawn trials in statute barred suits is counterproductive for genuine and bona fide claims of female heirs---Predecessor-in-interest respondents/ plaintiffs (deceased widow) never voiced any grievance against mutation of inheritance even on her demise in year 1988---Legal heirs of deceased widow (respondents/plaintiffs), kept silent for almost 21 years and suddenly woke up from their slumber and had filed suit in year 2009, which was not permissible under the law---At the time of sanction of mutation of inheritance in year 1952 provisions of Muslim Personal Law (Shariat) Application Act, 1948 had to be applied---Jurisdiction of Civil Court was barred for the purpose of suit filed by respondents/ plaintiffs---Suit was even otherwise statute barred, in terms of Arts. 95 and 120 of First Schedule, read with section 18 of Limitation Act, 1908---High Court set aside judgment and decree passed by Lower Appellate Court resultantly suit filed by respondents/ plaintiffs was dismissed--- Second Appeal was allowed accordingly.

JAMSHED KHAN vs AKBAR KHAN Ss — 2026 PLD 146 LAHORE-HIGH-COURT-LAHORE

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