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KHALIQ DAD versus AHMAD NAWAZ


Article 42 West Pakistan Land Revenue Act (XVII of 1967), Sections 39 and 41 Khyber Pakhtunkhwa Muslim Personal Law (Shariah) Application Act (VI VI 1935) From time to time, customs (customs) suits for declaration of wrong entry in records The limited heritage of inheritance for the hereditary inheritance accidentally alleges the deletion of the names of the women heirs, the defendant claims that when the original owner / predecessor of the parties died, Rizo (custom) There was a process in which the maternity inheritance mutation contained an ethnic table in which the heirs (wife and daughter) of the ancestor were shown, but the latter They were deleted and substituted for any reason / justification only on the basis of the name of a professional son and no relationship inquiries were made by the defendant on the relationship and ethnic table entries shown. The plaintiff's witness also supported the entry that established the relationship. The plaintiff's claim as stated in the Plaintiff and the version given in the written statement is denied Other Plaintiff's testimony is that the Appellate Court supported the claimant's relationship with the heirs and in respect of his (Plaintiff's) rights. Based on the statement it was proved that he did not have any documentary evidence of relationship with the female heirs of the predecessor. The evidence does not provide any evidence to prove that Riyadh (customs) was in force at the time of his predecessor's death; the defendants who took advantage of the mutation were legally obliged to prove it even by providing trivial evidence. In addition, the Revenue Officer Hugha Patwari mutation was confirmed in 1938 when Khyber Pakhtunkhwa Muslim Personal Law (Sharif)

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