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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