Law:

Section:

Muhammadan Law------   ----Will-Bequest in favour of successive legatees-Bequest to previous legatee found invalid-Will in favour of subsequent legatee also inoperative if intention of testator be to benefit previous, as Much as subsequent, legatee-A bequeathing life interest to B one of his heirs and thereafter remainder to C, a non-heir-Bequest to C fails if life-interest to A be found invalid for want of consent of heirs.   Mst. Chanobee and another v. Muhammad Riaz and another P L D 1956 Lah. 786 distinguished.     Date of hearing : 11th January 1965.     JUDGMENT   This is a plaintiff's second appeal. His suit was dismissed by the trial Court and that decision was affirmed on appeal by the District Judge, Montgomery on 17th of January 1959.   The property in suit is comprised of 428 kanals 5 marlas of agricultural land, aresidential house and a Ihata situated Chak No. 100/12-L, Tehsil and District Montgomery. It belong to Captain Khuda Dad Khan, who died on 2nd of June 1947 Before his death on 16th of June 1947 he made a will by which he bequeathed the property in dispute to his two widows M Begum Jan and Mst. Tawazuh Begum, respondents 1 and 2 for their lives or ill their remarriages and gave the reversion the appellant for hold as full owner after their termination of their life interests. On the death of Captain Khuda Dad the properties in dispute were mutated on 24th of February 1954, in favour of the respondents, the heirs of the deceased under the Muslim Personal Law (Shariat) Application Act, 1948. Thereafter on 4th of March 1957, the appellant-plaintiff brought the suit for declaration in respect of 1/3rd share in the properties in dispute as a legatee under the will of the deceased alleging that the bequest to the two widows who were the heirs of the deceased under Muhammadan Law having failed, he was entitled to the share in the estate of the deceased under the will. It may be mentioned that the appellant is a nephew of the deceased and is a non-heir.   The suit of the plaintiff was dismissed by 'the learned Senior Civil Judge, Montgomery on 24th of April 1958, who refused to give effect to the…