Case Details

Citation(s)
1963 SLG 3371 = 1963 SLD 3371 = 1963 PLD 199
Peshawar High Court
Civil Revision No. 189 of 1962, decided on 3rd July 1963.  
Presented By: Shakirullah Jan and Faizullah Khan, JJ  
Abdul Latif Khan for Petitioners.   Peer Bakhsh Khan for
Respondent.   Dates of hearing : 30th April, 1st, 2nd, 13th, 14th, 16th, and 17th May 1963.  

Mst. BIBI ALAM TAJ AND OTHERS-Defendants-Petitioners  

VERSUS

  Mst. INAYAT BEGUM-Plaintiff-Respondent

Law:

Section:

  Record-of-Rights- Pedigree-table (shajra nasab) - Pre sumption of correctness -Rebuttable -Presumption does not extend to entry of extraneous matter, such as devolution of land in village.   Muhammadan Law-Alienation and succession-Limited interest-Definition -Muhammadan Law recognises interest of limited duration in usage of property but holds ownership to be of unlimited duration-Person can create life-interest in property in favour of particular individual with absolute remainder in favour of himself and his descendants -After termination of such limited interest, successors can validly claim their respective Shariat share out of estate of deceased-N.-W. F. P. Muslim Personal Law (Shariat) Application (Amendment) Act (XI of 1950).   Mst. Rehmania and others v. Mst. Maqbula and others P L D 1956 Pesh. 115 ; Nawazish Ali Khan v. All Raza Khan P L D 1948 P C 23 ; Fazl Haq Dilzada and another v. Dawar Shah A I R 1940 Pesh. 52 ; Mst. Zamo and others v. Habib Khan Qadir A I R 1941 Pesh. 33 ; Zabita Khan v. Sherin A I R 1942 Pesh. 91 and Abdul Jabbar v. Mst, Ni,-am Mishan and other.   A. I R 1946 Pesh, 3 rel.   (c) Civil Procedure Code (V of 1908), S. 11-Res judicata Conditions-Constructive res judicata-Plea not available to party at time of former suit-Principle not applicable.   Baldevadas Karsondas Patel v. Mohanlal Bapalal Bahia and others A I R 1948 Bom. 232 ; Muhammad Umar Daraz Ali Khan v. Piraji Abdul Rashid A I R 1933 Lah. 606 ; Fateh Singh and others v. Jagan Nath Bakhsh Singh and another A I R 1925 P C 55 ; Rao Sobhagsingh v. Rao Ranjitsingh A I R 1945 P C 132 ; Sirajud-Din and another v. Allah Rakha and others P L D 1960 Lah. 261 ; Maung Sain Done v. Ma Pan Nyun and others A I R 1932 P C 161 ; Jhanda Singh and another v. Kesar Singh and another A I R 1930 Lah. 149 and Muhammad Abdul Jalil Khan v. Ubaid Ullah Khan A I R 1932 All. 169 ref.   Chitaley : "Civil Procedure Code," Notes 36 & 46 ref.   JUDGMENT   SHARIRULLAH JAN, J.--The suit out of which this revision petition arises was brought by Mst. Inayat Begum, plaintiff-respondent, for possession of   1038 kanals 19 marlas of land bearing…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register