| Citation(s) |
|---|
| 2017 SLG 324 2017 SLD 324 2017 MLD 94 |
Lahore High Court
C.R. No. 1252-D of 2001, heard on 6th May, 2015. Date of hearing: 6th May, 2015.
AMIN-UD-DIN KHAN, JUSTICE
Mian Habib-ur-Rahman Ansari and Dilshad Ali Khan Nadim for Petitioners. Syed Muhammad Ali Gillani, Mughees Aslam Malik and Mumtaz Hussain Awan, L.Rs. of
Respondent No. 2 and for respondent No. 13-A-(i),(ii) & (iii).
C.R. No. 1252-D of 2001, heard on 6th May, 2015. Date of hearing: 6th May, 2015.
AMIN-UD-DIN KHAN, JUSTICE
Mian Habib-ur-Rahman Ansari and Dilshad Ali Khan Nadim for Petitioners. Syed Muhammad Ali Gillani, Mughees Aslam Malik and Mumtaz Hussain Awan, L.Rs. of
Respondent No. 2 and for respondent No. 13-A-(i),(ii) & (iii).
MUHAMMAD SADIQ AND 3 others
VS
. MST. SEEMI BIBI THROUGH LEGAL HEIRS AND others
Law:
Section:
Punjab Muslim Personal Law (Shariat Application) Act (V of 1962)------.----- ------.-------S. 2-A------.-----Inheritance------.-----Limitation------.-----Limited owner, proof of------.-----Suit filed by plaintiff was decreed in his favour concurrently by Trial Court and Lower Appellate Court------.-----Validity------.-----Basis of claim of plaintiff was on the ground that owner of land was written as widow, therefore, property she received in claim was on the basis of ownership of the deceased who was maternal uncle of plaintiff------.-----Plaintiff was required to prove that property allotted to widow was allotted as limited owner and in their family there was custom prevailing and not the Shariat in the matters of inheritance------.-----Even if application of Punjab Muslim Personal Law (Shariat Application) Act, 1962 was taken into consideration, a specific time was provided and further, when case of plaintiff was that from year 1966 to 1980, property was transferred in favour of defendants through different mutations and an area of 111 kanal 4 marlas was transferred, the suit was not within limitation when it was filed on 21-07-1988------.-----Concurrent findings recorded by both the courts below were not sustainable under the law, as the suit was not competent and the same had been filed after the prescribed period of limitation------.-----When other legal heirs challenged the rights of the widow and failed, they used present plaintiff to once again attack the rights of widow in the property which was sold by her in favour of defendants------.-----High Court, in exercise of revisional jurisdiction set aside s and decrees passed by both two courts below and suit filed by plaintiff was dismissed------.-----Revision was allowed in circumstances. Abadan and others v. Mst. Jannat and another 1987 CLC 1048; Muhammad Hassan v. Syed Mumtaz Hussain PLD 1965 (W.P.) Lah. 35; Mst. Zainab v. Mst. Raji and others PLD 1960 SC 229 and Major Amir Muhammad Khan v. Dr. Faqir Muhammad and others 1983 CLC 1173 ref. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:------.----- Through this single judgment I intend to decide instant civil revision as well as Civil Revision…
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