Law:

Section:

(a) West Pakistan Muslim Personal Law (Shariat Application) Act (V of 1962)--- ----S. 2-A--- Custom--- Right of reversioner---Inheritance---Contention of plaintiffs was that decree passed under custom in favour of defendants had become redundant and had no legal effect---Suit was decreed concurrently---Validity---Suit land was in possession of plaintiffs being vendee from defendants---Right of defendants in the impugned and decree was declared to be that of reversioner under custom and only declaration was granted that right of inheritance should not be affected by the transaction as under custom plaintiffs could claim right of inheritance in the ancestral property---Minor son of the deceased had no right of inheritance in himself at the time when he filed the suit---Suit in which decree was passed in favour of defendants was illegal and incompetent---Revision was dismissed in circumstances. Mst. Hamida Begum v. Mst. Murad Begum and others PLD 1975 SC 624; Muhammad Siddique v. Shah Pasand Khan and others 1979 SCMR 619 and Muzaffar through Legal Heirs v. Mst. Mussahib Bano 1998 SCMR 707 rel. (b) Islamic law--- ----Presumptive right of inheritance---Scope---Right of an heir-apparent or presumptive heir would come into existence for the first time on the death of the ancestor and he would not be entitled until then to any interest in the property to which he would succeed as an heir if he survived the ancestor. JUDGMENT NASIR SAEED SHEIKH, J.---This civil revision is directed against the judgments and decrees passed by the learned two courts below decreeing the suit in favour of the plaintiffs/respondents. 2. Briefly stating the facts of the case are that Sultan Khan and Muhammad Nawaz sons, Mst. Noor Bhari, Mst. Mehr Bhari and Mst. Gullan Bi daughters, of Shian Khan instituted a suit on 13-12-1994 against the present petitioners before the learned Civil Judge Rawalpindi. The claim of the plaintiffs in the plaint was that land measuring 12 Kanals 4 Marlas falling in khasra Nos.1005 and 1007 was purchased by their predecessor in interest Shian Khan from Muhammad Khan son of Amir Khan through a mutation attested on 24-9-1927. Thereafter from khasra Nos.1025, 1026,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492