At the very outset, learned counsel for the petitioner while relying
upon the judgment reported as Mst. Rashidan Bibi v. Bashir Ahmad and others (PLD 1983 Lahore 549) and Mukhter Ahmed v. Mst. Rasheeda Bihi
Ml--sngtheL (2003 SCMR 1664), submits that in view of an admitted
position that Mst. Mithan had died leaving behind the respondent as her
sole legal heir, therefore, in absence of any male heir of the said lady, there
petitioner is entitled to 7/2 share out of her inheritance but Mutation
No.1168 dated 19.06.2008 has wrongly been sanctioned depriving the
petitioner from his lawful share in the property; that the impugned
mutation is liable to be cancelled and as such is ineffective upon his rights.
Used in Judgement of
Lahore High court
Civil Revision
130272/18
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