Law: Civil Servants Act, 1973

Section: O.VII,R.11,115

(a) Islamic Law--- ----Whole property could not be bequeathed in favour of anyone by way of will---Alleged deed of will was in-executable, invalid and contrary to Islamic Law---Legal heirs had been deprived from their right of inheritance on procedural technicalities---Nothing was on record that alleged deed of will was executed with the consent of legal heirs---Respondents had failed to prove the validity of the deed---Impugned order passed by the courts below were set aside and case was remanded for its disposal on merits within specified period---Constitutional petition was allowed in circumstances. Mst. Amir Khatun and another v. Sikandar Khan PLD 1967 W.P. (Rev.) 67; Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407; Shams-ud-Din v. Mst. Jevan and others 1986 MLD 764; Ghulam Akbar Khan v. Haji Sher Jan and others 1989 CLC 1789; Muhammad Aslam Rashid and 2 others v. Dr. Muhammad Anwar Saeed and 4 others 1997 CLC 2012; Mst. Faiz Elahi v. Muhammad Anwar 2001 YLR 2174; Hayderabad Development Authority through M.D. Civic Centre, Hyderabad v. Abdul Maeed and others PLD 2002 SC 84; Ibrahim and 4 others v. Rehmat Ali and 6 others PLD 2002 SC 741; Mst. Reshman Bibi v. Amir and others 2004 SCMR 392; Mst. Janntan and others v. Mst. Taggi through L.Rs. and others PLD 2006 SC 322 and Mst. Suban v. Allah Ditta and others 2007 SCMR 635 ref. Muzaffar Ali v. Muhammad Shafi PLD 1981 SC 94; Muhammad Afzal and others v. Government of Pakistan and others 1987 SCMR 2078; Mst. Mumtaz Begum and others v. Abdur Rashid and others 1988 CLC 2023; Karachi Shipyard and Engineering Works Limited v. Abdul Ghaffar and 2 others 1993 SCMR 511; Masoom Akhtar v. Rent Controller, Lahore and another 1994 CLC 149; Messrs Huffaz Seamless Pipe Industries Ltd. v. Sui Northern Gas Pipelines Ltd. and others 1998 CLC 1890; Ehsan Ullah v. Government of Pakistan through Secretary, Ministry of Finance, Islamabad and others 1998 SCMR 2079; Messrs Western Brand Tea, Karachi v. Messrs Tapal Tea (Pvt.) Limited, Lahore and another PLD 2001 SC 14; Collector Land Acquisition Abbottabad and 2 others v. Lal Khan and 11 others PLD 2002 SC 277; Sameen Khan and 4 others v. Haji Mir Azad and…