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Pedigree Table Application

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11 views4 pages

Pedigree Table Application

Uploaded by

zargham Abbas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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BEFORE HONORABLE LAHORE HIGH COURT, LAHORE

Mst. Rasool Bibi and Others versus Fazal Elahi and


others

CM No.__________________/2024

In Civil Revision no. 2556 of 2006

APPLICATION FOR SUBMISSION OF PEDIGREE TABLE


OF DECEASED SARDARA S/O. HAYAT, THE LAST MALE
OWNER WHO HAD DIED IN YEAR 1926

Respectfully sheweth;

1. That the above said Civil Revision is pending before this


Honorable Court, in this Revision it was stated that, when
Sardar s/o Hayat the last male owner, died in year 1926, he had
only two legal heirs, those were his Mother namely Mst. Rabia
Bibi and his sister namely Mst. Sardar Bibi. Now the issue was
that whether in presence of Mst. Rabia Bibi(Mother) and Mst
Sardar Bibi(sister), the collaterals who are Respondents to this
Civil Revision and who are also shown as Defendants no. 1to
11 in the Plaint, are entitled to any share from inheritance of
Sardar?
2. That case was argued before this Honorable Court, on previous
date and Honorable Court was pleased to reserve the
Judgment but the case was re-listed and it was ordered that
Pedigree Table be submitted in the office before 04-011-2024,
for perusal and examination.
3. It is pertinent to mention here that Pedigree table was always
available in Paragraph no.3 of the Plaint and it was also
available at the back of Mutation no. 536 which is at page no.
41, in form of “Exhibit- P3”, of the file. Furthermore another
Pedigree table is available in the file which was prepared by
Revenue Authorities which is at Page no. 50 shown as “Exhibit-
P4".
4. That an appeal was pending before Additional Commissioner
Revenue, for decision of Inheritance, who has also mentioned
the Pedigree Table of plaint in the judgment at page 2. The
same is available in the file at page no. 139 in form of “Exhibit
D-12”. According to the above said record and admitted
Pedigree Table Sardar was s/o. Hayat, Hayat was s/o. Gulam
Muhammad, Gulam Muhammad and Khan Muhammad were
sons of Whadaya. Therefore inheritance revolved upon Sardar
from Hayat and Khan Muhammad. At the time of his death
Sardar had only 2 legal heirs namely his Mother(Rabia Bibi) and
Sister (Sardar Bibi).
5. That Defendants no. 1 to 11 as mentioned in the plaint are
Lineal decedents of Kutab Din who was real brother of
Whadaya . In this circumstances in presence of real mother and
sister of Sardar the Defendants no. 1 to 11 as mentioned in the
plaint are not entitled to any share in inheritance of Sardar.
6. That in compliance with the order and to facilitate this
Honorable Court the Pedigree Table, according to the record
and document of the file, is engraved/drafted as following;

7. That Arshad Ijaz Defendant no.8 appeared as DW-1 and


admitted that the inheritance of Sardar shall be distributed
among his legal heirs. Therefore, in this scenario only Rabia
Bibi(Mother) and Sardar Bibi(sister)of Sardar are entitled to the
inheritance of Sardar, and no other person is entitled to any
shere in inheritance of Sardar in presence of his real Mother
namely Mst. Rabia Bibi and Sister namely Mst. Sardar Bibi. To
support this argument reliance is placed on following case
laws;
 2014 SCMR 1205
 PLD 2004 SC 768
 PLD 2002 SC 741
 2005 CLR 654
 2020 CLC 1864
 PLD 2002 Lhr 105
 2005 SCMR 1217
 2021 SCMR 1355
 PLD 2005 SC 511
 Table of residueries available in Muhammadan Law by D.F
Mullah (Sunni Law)
8. That according to PLD 2005 SC 511, no limitation, estoppel or
Res-Judicata is applicable in the cases of inheritance.
PRAYER:
In light of above it is humbly prayed that this Revision Petition
may kindly be accepted and resultantly the wrong distribution
of shares in inheritance of Sardar may kindly be ordered to be
rectified.
APPLICANTS

Through Counsel
Irshad Ahmad Cheema
Advocate SUPREME-COURT
PEDIGREE TABLE

Asmat

Qutab Din
Alim

Jhandu

Ala Din
Fateh Muhammad
Gulam Muh
Hayat Nawab
Fateh Din

Zaka Ullah Malik Inayat Gulam Haya


Fazal Elahi
Respondent No.1
Khushi Muhammad Muhammad Hussain

Ali Ahmad Widow Rabia Bibi


died on
Arshad Ijaz Muhammad Shafiq
22-06-78
Defendant No.8
Sardar Bibi

Died in 1940

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