Case Details

Citation(s)
1966 SLG 4978 = 1966 SLD 4978 = 1966 PLD 92
West Pakistan
Revision No. 1954 of 1963-64, decided on 18th January 1966.
Presented By: I. U. Khan
Shaikh Nazir Ahmad Shami and Malik Muhammad Aslam for Petitioners. Khizar Tamimi for
Respondent.  

MUHAMMAD WARIS AND OTHERS-Petitioners  

VERSUS

  SHERA-Respondent

Law: West Pakistan Muslim Personal Laws (Shariat) Act, 1962 

Section: 5

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), S. 5-Succession -Heirs of last male owner entitled to inherit on termination of limited owner's interest.   P L D 1965 W. P. (Rev.) 12 rel.     ORDER   This is a revision filed against an order, dated the 2nd of June 1964, passed by Commissioner, Sargodha, whereby the revision preferred by the respondent was accepted and the case was remanded.   The facts of the case are that the Assistant Collector, II Grade, sanctioned a mutation in a manner in which Shera deceased was given two shares out of three eight shares from the property in dispute after the death of Mst. Zaidan, widow of Bahadur. Shera deceased went in appeal to the Collector but the appeal was dismissed. He then went in revision to the Commissioner who accepted the revision and remanded the case.   I have heard the learned counsel for the parties. The learned Commissioner relied on P L D 1962 W. P. (Rev.) 96. This ruling has been superseded by the Full Board decision reported in P L D 1965 W. P. (Rev.) 12. The decision given by the Assistant Collector was in accordance with the principles laid down in the Full Board ruling and was, therefore, correct. No interference with it was justified.   The…
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