| Citation(s) |
|---|
| 1956 SLG 375 1956 SLD 375 = 1956 PLD 321 |
Supreme Appellate Court, Pakistan
Civil Appeal No. 2 of 1956, decided on 14th May 1956. (On appeal from the judgments and decrees of the High Court of Judicature at Lahore (now High Court of West Pakistan, Lahore), dated the 17th February 1953, in Regular Second Appeals No. 328 and 329 of 1950).
(Appellate Jurisdiction) Present; Muhammad Munir, C. J.. M. Shahabuddin, A. R. Cornelius, Muhammad Sharif and Amiruddin Ahmad, JJ
Fazal Din Senior Advocate Supreme Court. (Dost Muhammad Khan Advocate Supreme Court with him) instructed by M. B. Khizar Tamimi Attorney for Appellants. Chiragh-ud-Din Advocate Supreme Court instructed by Khawaju Wali Muhammad Khan Attorney for
Respondents.
Civil Appeal No. 2 of 1956, decided on 14th May 1956. (On appeal from the judgments and decrees of the High Court of Judicature at Lahore (now High Court of West Pakistan, Lahore), dated the 17th February 1953, in Regular Second Appeals No. 328 and 329 of 1950).
(Appellate Jurisdiction) Present; Muhammad Munir, C. J.. M. Shahabuddin, A. R. Cornelius, Muhammad Sharif and Amiruddin Ahmad, JJ
Fazal Din Senior Advocate Supreme Court. (Dost Muhammad Khan Advocate Supreme Court with him) instructed by M. B. Khizar Tamimi Attorney for Appellants. Chiragh-ud-Din Advocate Supreme Court instructed by Khawaju Wali Muhammad Khan Attorney for
Respondents.
ABDULLAH AND OTHERS-Appellants
VERSUS
Mst. BAKHTO MAT AND ANOTHER-Respondents
Law: West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)
Section: 3
P L D 1956 Supreme Court (Pak.) 321 West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948), S. 3-Widow's limited interest under custom-Alienation by gift- Declaratory suit by Muslim Law heirs of last male-holder entitled to succeed under S. 3, compe tent-Custom (Punjab)- Declaratory suit-Specific Relief Act (1 of 1877), S. 42-Limitation Act (IX of 1908), First Schedule, Arts. I25, 141. A widow enjoying a life interest in the property inherited from her husband some time before the coming into force of the West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948), made a gift of the property to her daughter on 25th December 1949. The appellants, the collaterals in the 5th degree of the last male-holder brought a suit for a declara tion that, oft the termination of the life-interest of the widow, the gift would not affect their right to succeed to the property, as heirs of the last male-holder under the Muslim Law. The parties were Sandrana Jats of Tehsil Bhakkarr of Mianwali District, among whom, according to custom, a daughter succeeded to the property of her father in preference 4o collaterals of the 5th degree. The High Court, in Second Appeal, dismissed the suit on the ground that since the daughter was a preferential heir under the Customary Law, the appellants had no locus standi to question the gift in her favour. In appeal before the Supreme Court, it was urged by the respondent's counsel that the appellant's right to succeed was a mere spes successionis which did not entitle them to claim a declaration Held, (per Muhammad Munir, C. J.), that a person who succeeds under custom or under Hindu Law as a reversioner has before his succession no higher or more tangible interest than a Muslim heir and his interest is as much a spes succes sionis as that of a Muslim heir. If a suit by a reversioner governed by the Punjab Custom or by Hindu Law to get rid of an alienation made by a limited owner is competent, which suit is founded on section 42, Specific Relief Act, and not on any law of procedure peculiar to Punjab Custom or Hindu Law, there is no reason why…