Law:

Section:

Central Law (Statute Reforms) Ordinance (XXI of 1960) Ss. 3 & 5 Farman of Ruler extending Shariat to State of Kalat clearly barring re opening of cases decided before 1948, promulgation of Shariat, held, could not confer any right to inheritance in respect of property of a person dying before 1948. JUDGMENT DORAB PATEL, J. The appellant is the grand daughter of one Faqir Muhammad, who was a Minister in Kalat State about 90 years ago. He was however shot dead in 1893 on the orders of the then Ruler of Katat. He died leaving behind considerable landed property which was inherited by three legal heirs. These were his widow, his daughter in law and his daughter Mst. Mah Ganj, and the appellant's the daughter of the said Mst. Mah Ganj. Faqir Muhammad's widow married the Nawab of gharan, whilst his daughter la law and daughter married other members of the family of the Nawab of Kharan. Mst. Mah Ganj settled in Quetta in 1909, and, her properties were managed by her uncle Arbab Muhammad Wafa, but in 1913 these properties were taken over and managed by the Government of Kalat State. Mat. Mah Ganj died in 1920 and as the appellant was her sole heir, she claimed the properties of her mother but the collaterals of Faqir Muhammad deceased claimed these properties as well as the said Aftab Muhammad Wafa. The State of Kalat also claimed these properties on the ground that the State had inherited them on Faqir Muhammad's death, both under custom and under the Shariak as Faqir Muhammad was a slave of the Ruler of Kalat. All these claims were referred to a Jirga consisting of the Sardars of the Jalawan and Sarawar Tribes and by this award or 23 2 1923 the State was entitled to inherit ail the properties left behind by Faqir Muhammad. The Jirga further observed that the appellant being a woman did not have any right under custom to inherit property, bus it recommended that she should be given a gift of Rs. 20,000. Accordingly, the Ruler of Katat gifted a sum of Rs. 20,0u0 to the appellant, who accepted it. Now although the appellant was deprived by this award of all the properties claimed by her, she took no steps to challenge it because according to the petition for leave,…

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