Deceased landowner could not be deprived of their right in property left by deceased

 In Mst. Shahro and others v. Mst. Fatima and others (PLD 1998 Supreme Court 1512), it was invariably held:
‘Plaintiffs being female heirs of deceased landowner could not be deprived of their right in property left by deceased by illegal mutation sanctioned at the behest of male heirs.’

 In the said judgment, it was further held that:-

‘It has been held in several decisions by this court and is now well-settled that possession of one cosharer or co-owner is for benefit of all other cosharers and the mere fact that mutations had been attested in favour of some of the co-sharers should not extinguish the title of the other co-sharers. It has also been held, time and again, that entries in the revenue record of rights do not create or extinguish title but are a mere evidence thereof. In Ghulam Ali’s case (Supra) it had been held that adverse entries in the revenue record and non-participation in the profits in the property would not amount to ouster of the co-sharers as wrong mutation confer no right in property, the revenue record being maintained only have the purpose of ensuring realization of land revenue.’

Part of Judgement of
Lahore High Court
Civil Revision
1047369.1505-09
2018 LHC 1404

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