Case Details

Citation(s)
1979 SLG 602 1979 SLD 602 1979 SCMR 417
Supreme Court of Pakistan
Civil Petition No. 298 of 1978, decision dated: 24th June 1978.
MUHAMMAD AKRAM, ACTG. C.J., MUHAMMAD HALEEM AND KARAM ELAHEE CHAUHAN, JJ
Ch. Khurshid Ahmad, Advocate Supreme Court instructed by S. Inayat Hussain Shah, Advocate on-Record for Petitioners. Nemo for
Respondents

Haji SAID AHMAD ETC.

VS

Mst. RASULAN BIBI ETC.

Law:

Section:

Mutation -------Locus standi to challenge proceedings Petitioners transferees from some of heirs of deceased raising no objection before Revenue Officer that respondent was not widow of deceased nor against mutation sanctioning 1/8th share in her name as deceased's widow Petitioners, held, had no locus standi to challenge mutations in respondent's favour Petition dismissed, in circumstances. JUDGMENT MUHAMMAD AKRAM, ACTG. C. J. The land in dispute measuring 11 kanals, 12 marlas was owned by one Ghulam Qadir. He married Mst. Sardar Begum who had died during his lifetime in the year 1943. According to Mst. Rasulan Bibi, respondent No. 1, after the death of his first wife the said Ghulam Qadir contracted a second marriage and by coincidence the name of his second wife was also Mst. Sardar Begum. He died on the 28th of August 1950. After his death mutation No. 542 relating to his estate was sanctioned by the Revenue Officer on the 7th of August 1953, in favour of the said Mst. Sardar Begum, as the surviving widow of the deceased to the extent of 1/8th share and the other claimants in proportion to their respective shares under the Shariat Law. Afterwards on the 15th of March, 1969, Mst. Sardar Begum widow of the deceased sold her 1/8th share That had devolved on her in the land in dispute through Muhammad Bashir respondent No. 3 as her attorney in favour of Mst. Rasulan Begum respondent No. 1. In these circumstances in the year 1970 petitioners brought their suit against the respondents herein alleging that Mst. Sardar Begum wife of Ghulam Qadir deceased had died during his lifetime in the year 1943 and consequently the mutation No. 542 dated 7th of August, 1953, inter alia sanctioned in the name of Mst. Sardar Begum as the widow of the deceased to the extent of 1 /8th share was null and void and likewise the subsequent sale of her share in the land to defendant No, 1 was also vitiated and had no legal effect. Defendants respondents Nos.' 1, 3 and 4 contested the suit. It was alleged on behalf of defendant respondent No. 1 that Mst. Sardar Begum had in fact survived her husband and that the mutation for his inheritance was duly sanctioned in her name as his widow…
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