| Citation(s) |
|---|
| 2007 SLG 4000 2007 SLD 4000 = 2007 MLD 33 |
Lahore High Court
Civil Revision No.500 of 2006, heard on 14th September, 2006.
Presented By: Before Jawwad S. Khawaja, J
Iqbal Mehmood Awan for Petitioner. Muhammad Nasir Sheikh for
Respondent No. 3.
Respondents No.1 and 2 ex parte. Date of hearing: 14th September, 2006
Civil Revision No.500 of 2006, heard on 14th September, 2006.
Presented By: Before Jawwad S. Khawaja, J
Iqbal Mehmood Awan for Petitioner. Muhammad Nasir Sheikh for
Respondent No. 3.
Respondents No.1 and 2 ex parte. Date of hearing: 14th September, 2006
RASOOLAN BIBI---Petitioner
VERSUS
WARIS ALI and others---Respondents
Law:
Section:
(a) Islamic Law--- ----Inheritance---Inheritance of deceased Muslim lady who died unmarried--Mutation whereby one half of the suit property was sanctioned in favour of defendant who was a son of predeceased brother of the lady and remaining one half had been mutated in the name of two sisters of the lady, was challenged to the extent of defendant (son of predeceased brother)---Validity---In presence of two surviving sisters of deceased lady defendant being the son of predeceased brother of deceased lady was not a legal heirs, thus had not right whatsoever in the estate of the deceased lady. (b) Islamic Law--- ----Inheritance---Unmarried deceased lady---Representation, right of---Not recognized by Suni Law---In presence of legal heirs of un married deceased lady son of her predeceased brother was not an heir. JUDGMENT JAWWAD S. KHAWAJA, J.---The petitioner/plaintiff impugns the appellate decree, dated 6-2-2006 whereby the decree of the learned trial Court, dated 5-72004 has been set aside and the declaratory suit filed by the petitioner seeking permanent injunction by way of consequential relief has been dismissed. The facts in this case are simple. The property in dispute between the parties island measuring 83 kanals, 15 marlas in Mauza Pakka Qila, Tehsil Nankana Sahib. This property was owned by Mst. Aimna (deceased) who was the sister of the petitioner Mst. Rasoolan Bibi and respondent No.2 Mst. Ghulam Fatima. Mst. Aimna died on 17-11-1999. The three sisters had a brother, namely, Khan Muhammad who died before Mst. Aimna. The son of Khan Muhammad, namely, Wairs Ali (respondent No.1) has obtainedinheritance Mutation No.912, dated 27-5-2000 whereby one half of the suit property has been mutated in the names of the two sisters, the petitioner Mst. Rasoolan Bibi and Mst. Ghulam Fatima (respondent No.2). The remaining one half has been mutated in the name of Waris Ali. Waris Ali further claims to have sold his share of the property to respondent No.3 vide Mutation No.932. It is in the above circumstances that the petitioner/plaintiff filed a declaratorysuit claiming that Mutation No. 912…