ORDER   SHEET

IN  THE  HIGH  COURT  OF  SINDH, CIRCUIT  COURT,  LARKANA

Civil Revision Appln.No.S-138 of 2019.

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DATE                                       ORDER WITH SIGNATURE OF HON’BLE JUDGE

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            For hearing of main case.

Date of hearing : 25.10.2021.

Date of order     : 29.10.2021.

                                    Mr. Abdul Khaliq Kalhoro, Advocate for the applicants.

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IRSHAD ALI SHAH - J;- The applicants claiming to be legal heirs of one Sher Muhammad, filed a civil suit before learned trial Court, seeking possession of his land (which is referred as suit land), by way of inheritance with mutation of its record of rights in their favour with cancellation of sale-deeds executed thereon. In first instance, their suit was decreed by learned trial Court. On appeal so preferred by the private respondents, it was remanded. On remand, it was dismissed by learned trial Court and such dismissal was maintained by learned Appellate Court, which is impugned by the applicants before this Court by way of instant civil revision application.  

                        It is contended by learned counsel for the applicants that the learned trial and appellate Courts have not appraised the evidence brought on record properly, which needs to be re-appraised by this Court.

                        I have considered the above arguments and perused the record.

                        The entries in revenue record for the suit land, if any, in name of Sher Muhammad who is claimed by the applicants to be their elder, as per them were maintained in year 1926/27. It is not made known by the applicants as to when that Sher Muhammad died and he on his death actually left the suit land to be inherited by his legal heirs and who (sons/daughters/wives), actually succeeded him on his death and why such issue was not taken up by the applicants for decades together. In absence of such information, the applicants could hardly be declared to be legal heirs of that Sher Muhammad to inherit his property (suit land) allegedly left by him. Admittedly, the private respondents are enjoying the possession of the suit land since decades as its legitimate owners as per record of rights. In these premises, the learned trial and appellate Courts were right to dismiss the suit and appeal of the applicants and such dismissal of their suit and appeal, is not calling for any interference by this Court, on legal as well as factual premises, by way of instant civil revision application. It is dismissed in limine with no order as to costs.  

      JUDGE