| Citation(s) |
|---|
| 2018 SLG 709 2018 SLD 709 2018 SCMR 698 |
Supreme Court of Pakistan
C.A. Nos. 834 to 845, 1062 to 107 of 2005 and Civil Miscellaneous Applications Nos. 3244 to 3246, 5008, 3661, 3663 of 2005, 1914 to 1916 of 2006, 698 to 706, 514 to 525, 686 to 697 of 2007 and 1949 to 1951 of 2011, decision & hearing Date : 30-01-2018. Ag
UMAR ATA BANDIAL, JUSTICE, IJAZ UL AHSAN, JUSTICE
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court and Chaudhry Akhtar Ali, Advocate-on-Record for Appellants (in C.As. Nos.834 to 842 of 2005). Syed Asghar Hussain Sabzwari, Senior Advocate Supreme Court for Appellants (in C.As. Nos.834 to 845 of 200
C.A. Nos. 834 to 845, 1062 to 107 of 2005 and Civil Miscellaneous Applications Nos. 3244 to 3246, 5008, 3661, 3663 of 2005, 1914 to 1916 of 2006, 698 to 706, 514 to 525, 686 to 697 of 2007 and 1949 to 1951 of 2011, decision & hearing Date : 30-01-2018. Ag
UMAR ATA BANDIAL, JUSTICE, IJAZ UL AHSAN, JUSTICE
Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court and Chaudhry Akhtar Ali, Advocate-on-Record for Appellants (in C.As. Nos.834 to 842 of 2005). Syed Asghar Hussain Sabzwari, Senior Advocate Supreme Court for Appellants (in C.As. Nos.834 to 845 of 200
FAYYAZ HUSSAIN AND OTHERS
VS
HAJI JAN MUHAMMAD AND OTHERS
Law:
Section:
Custom--- ----Inheritance---Property held by widow as limited owner under custom---Where a female recorded in special Jamabandi as a limited owner under custom migrated to Pakistan and filed a claim for allotment on basis of her ownership in India, the property allotted to her in lieu of the limited estate abandoned in India would on her death devolve on the heirs of the last male owner of the property left in India and not on her own heirs---Mutation entries, in the present case, clearly showed that the widow did not acquire the subject property in India as full owner, and her status throughout had been of limited owner under custom---When the widow filed the claim in Pakistan in lieu of the property of her deceased husband, the last male owner, the property allotted to her conferred on her a right as a limited owner and in case of her death or termination of the limited ownership, the property was to devolve on the heirs of the last male owner namely her deceased-husband and not on her heirs as full owner---Appeal was dismissed accordingly. Additional Settlement Commissioner (Land), Sargodha v. Muhammad Shafi and others PLD 1971 SC 791 applied. THIS JUDGMENT PASSED BY: IJAZ UL AHSAN, JUSTICE:---.--- Through this single judgment, we propose to decide titled Civil Appeals as well as Civil Miscellaneous Applications, as all these matters arise out of a common judgment of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 27.05.2005. 2. These Civil Appeals are directed against a judgment of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 27.05.2005. Through the impugned judgment, revision petitions (C.Rs. Nos.500 and 527 of 1989, etc) filed by the Respondents were allowed. 3. The brief facts necessary for decision of this lis are that Shahab-ud-Din deceased was owner of agricultural land in Tehsil Sarsa District Hissar (India). He died on 03.11.1918. He was survived by two widows namely Janat Bibi and Mst. Imam Sain, a daughter namely Noor Elahi (from Mst. Imam Sain), his mother Mst. Jannat Bibi and two sisters namely Mst. Bakhshai and Mst. Roshani. On an application moved by the two widows, mutation of inheritance was entered in their names on…
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