Law: Muslim Family Laws Ordinance, 1961

Section: 4

Muslim Family Laws Ordinance (VIII of 1961) S. 4-Inheritance-Contention that for purpose of inheritance death of propositus as well as that of son and daughter must occur after coming into force of Ordinance, held, without force. Date of bearing : 3rd December, 1979.                                                                                                           JUDGMENT This appeal has been filed against the judgment of the learned Addl. District Judge, dated the 19th September, 1973 by which the judgment and decree of the learned Civil Judge, Gujrat dated the 24th April, 1972 was set aside. 2. The facts of the case are that the appellant filed a declaratory suit to the effect that he was the owner of land to the extent of 3/4th. One Allah Loke who was the owner of land measuring 177 kanals 11 marlas situate in village Jandala Tehsil Khatian District Gujrat died on the 1st August, 1932. The land in question was mutated in favour of Mst. Hassan as his widow. At that time Ahmad Khan, was a son of pre-deceased daughter of Allah Loke, Mst. Thandi. In 1962 when Muslim Personal Law Shariat (Application) Act was promulgated the life estate of Mst. Hussan was terminated and A. C. II, Kharian sanctioned the mutation of inheritance of Allah Loke vide his order dated the 22nd September, 1968 in the following manner; (i) Mst. Hussain-1/4 (ii) Sakhi Mohd--3/4 3. Ahmad Khan, the son of the pre-deceased daughter Mst. Thandi filed an appeal against the order of the A. C. II Kharian, dated 22nd September, 1968 which was accepted, Second appeal was filed by Sakhi Muhammad against the order of the Collector but the same was dismissed by the Additional Commissioner vide his order dated the 28th June, 1969. Sakhi Muhammad thereafter filed the suit in the manner stated above which was decreed by the learned Civil Judge, Gujrat vide his judgment and decree dated the 24th April, 1972. On an appeal filed by the…