Fresh entry in the revenue record, Fresh cause of action/ Share of deceased child

 

Every fresh entry in the revenue record gave rise to fresh cause of action

Children of deceased son or daughter, if any, living at the time the succession opens, shall per stripes receive a share equivalent to the share which such son or daughter

2020 C L C 99
[Lahore (Bahawalpur Bench)]
Before Anwaarul Haq Pannun, J
HUSSAIN BAKHSH—-Petitioner
Versus
Mst. RAZIA BIBI—-Respondent

S.42—Civil Procedure Code (V of 1908), S.11—Multiple mutations Petitioner challenged first mutation in earlier suit which was dismissed—-Res-judicata, principle of—Applicability—Every fresh entry in the revenue record gave rise to fresh cause of action to the aggrieved party, mutation in question being a subsequent entry gave rise to a fresh cause of action—-Trial Court decided issue against the petitioner but the appellate Court reversed the same which findings had not been challenged—Issue decided against a party, if not challenged, attained finality.
(b) Muslim Family Laws Ordinance (VIII of 1961)—-
—-S. 4—-Succession—-Death of mother—-No male heir—Share of sole surviving daughter as only legal heir—Held, in the event of death of any son or daughter of the propositus before the opening of the succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stripes receive a share equivalent to the share which such son or daughter, as the case may be, would have received, if alive.
(c) Civil Procedure Code (V of 1908)—-
—-S. 115—Revisional jurisdiction—Scope—Concurrent findings–Misreading and non-reading of evidence—Concurrent findings when found to be the result of misreading and non-reading of evidence or material irregularity and illegality, the same could be interfered with in exercise of revisional jurisdiction.

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