| Citation(s) |
|---|
| 1981 SLG 3076 = 1981 SLD 3076 = 1981 CLC 229 |
Lahore High Court
Writ Petition No. 235 of 1979, decided on 25th November, 1980.
Presented By: Zakiuddin Pal, M. S. H. Qureshi and Muhammad Afzal Lone, JJ
Rashid Murtaza Qureshi for Petitioner. S. M. Mohsln for
Respondents Nos. 1 and 2.
Writ Petition No. 235 of 1979, decided on 25th November, 1980.
Presented By: Zakiuddin Pal, M. S. H. Qureshi and Muhammad Afzal Lone, JJ
Rashid Murtaza Qureshi for Petitioner. S. M. Mohsln for
Respondents Nos. 1 and 2.
Mst. INAYAT BIBI AND 2 OTHERS-Petitioners
VERSUS
ISSAC NAZIRULLAH AND 2 OTHERS--Respondents
Law: Punjab Laws Act, 1872
Section: 5
Law: Succession Act (XXXIX of 1925)
Section: 3, 29(2)
(a) Punjab Laws Act (IV of 1872) S. 5 read with Succession Act (XXXIX of 1925)-Succession- Custom (Punjab)-Held, to be rule of decision, where established, to exclusion of personal law-Notwithstanding Succession Act, S. 5 of Punjab Laws Act gives effect to a rule of decision in matter of succession upon proof that custom governed matter even in respect of Muslims and Hindus-Situation in respect of Muslims continued to be so until promulgation of Muslim Personal Law (Shariat) Application Acts. Sohan Lal v. A. Z. Makuin A 1 R 1929 Lah. 230 and Valshno Dilla v. Rome.%hri (1928) 10 Lah. 89 ( P. C) ref. Kamawati v. Digbijai Singh A I R 1922 P C 14 distinguished. (b) Punjab Laws Act (IV of 1872) S. 5-Succession-Custom (Punjab)-Inheritance by male heirs to exclusion of female-Held, rule of custom widely practised in Punjab by communities and religious groups irrespective of existence of their personal…