Law:

Section:

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)-------S. 2---Civil Procedure Code (V of 1908), S.11---Constitution of Pakistan, Art. 185(3)---Inheritance under Islamic Law---Death of "K" in year 1940 leaving behind a widow, a son, four daughters and two daughters from pre-deceased wife---Sanctioning of inheritance mutation in favour of only son (died issueless in year 1978) excluding all other legal heirs of deceased "K"---Supreme Court granted leave to appeal to consider questions as to whether estate of "K" after enforcement of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 should have been mutated in favour of all his legal heirs according to Islamic Law of Inheritance; whether petitioner along with her three real sisters were also entitled to inherit 2/3rd share out of inheritance of their real brother, who died issueless; and whether principle of res judicata had been wrongly applied in the present case in view of law laid down by Supreme Court in case of Muhammad Saleem Ullah v. Additional District Judge, Gujranwala and others (PLD-2005-SC-511). Muhammad Sharif son of Petitioner. Nemo for Respondents. Date of hearing: 20th May, 2011. ORDER MAHMOOD AKHTAR SHAHID SIDDIQUI, J.---The petitioner Mst. Fatima Bibi seeks leave to appeal against the judgment dated 3-6-2009 passed by the Lahore High Court, Lahore in Civil Revision No.300 of 2009. 2. The dispute relates to the inheritance of one Kallu who died in the year 1940 leaving behind 445 Kanals and 2 Marlas of land in Mouza Thapla, Tehsil Kharian District, Gujrat which was mutated in favour of Kallu's only son Allah Ditta under the custom through Mutation No. 118 dated 5-4-1940 to the exclusion of all other legal heirs who were otherwise entitled to inherit the property under the Muslim Law as shown in the following pedigree table:-- 2(sic.) It is submitted that after the enforcement of the Muslim Personal Law…

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