Law: Code Of Civil Procedure, 1908.

Section: 41

Law: Limitation Act, 1908

Section: 151

Law: Qanun-e-Shahadat Order, 1984

Section: 46

Summary of Judgment

This judgment pertains to an appeal involving the inheritance and ownership of immoveable and moveable properties (specifically, weapons) from the estate of the late Mr. Raja Allahdad Khan. The appellant, his son, sought his share of the estate, while his siblings (the respondents) claimed that certain properties were purchased by them and should not be included in the estate.

The court scrutinized the evidence and identified contradictions in the respondents’ claims, particularly regarding the alleged benami (name-lending) nature of the properties. The court ultimately held that the disputed properties are part of the deceased’s estate and must be divided among all legal heirs according to Shariah (Islamic) inheritance law. The court also addressed the procedural issue of the appellant filing the appeal without the decree, finding the delay justified and not fatal to the case.

The appeal was allowed, the impugned judgment and decree were set aside regarding the three key properties, and these were declared part of the deceased’s estate to be distributed among the heirs.