| Citation(s) |
|---|
| 1982 SLG 685 1982 SLD 685 1982 PLD 62 |
Supreme Court of Pakistan
NASIM HASSAN SHAH, ABDUL KADIR SHAIKH AND SHAFIURREHMAN, JJ
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NASIM HASSAN SHAH, ABDUL KADIR SHAIKH AND SHAFIURREHMAN, JJ
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Mst. SUGHRA BIBI
VS
Law:
Section:
Custom (Punjab)--inheritance-Appellant inheriting non-ancestral property of her father, held, inherited such property to exclusion of collaterals and in such capacity possessed absolute power of disposition over property and her interest not limited but absolute. Mst. Subhani and others v. Nawab and others A I R 1941 P C 21 ; Muhammad Shafi v. Ibrahim P L D 1955 F C 102 ; Mst. Qaisar Khatoon and 12 others v. Maulvi Abdul Khaliq and another P L D 1971 S C 334 ; Mst. Hurmate and another v. Hoshiaru and another A I R 1944 Lab. 21 ; Hassan Din and others v. Allah Bux and others P L D 1966 Lah. 622 ; Sunder Devi and another v. Mian Tegh Singh and another A I R 1935 Lab. 830 ; Nur Ahmed and another v. Rahim Bux and others 52 P R 1912 ; Bahadur and others v. Abdullah and others 121 P R 1908 ; Lehna and another v. ivist. Thakri and another 32 P R 1895 ; Jlahi Bakhsh and others v. Mst. Budhi and others 5 P R 1910 ; Shah Muhammad and another v. Fazl Jlahi' and others (1920) 56 1 C 913 and H. A. Rose on Compendium of the Punjab Customary Law, p. 77 ref. Hamid All Khan Sharwa, Advocate Supreme Court with S. Wajid Hussain, Advocate-on-Record fo Appellant. Muhammad Hafeez Qureshi, Advocate Supreme Court with Tanvir Ahmad, Advocate-on-Record for Respondents Nos. 1 to 5. Respondent No. 6 : Ex parts,. Dates of hearing : 5th and 6th. April, 1981. JUDGMENT SHAFT-UR-REHMAN, J.-Leave I to appeal was granted to the plaintiff - appellant to examine whether on the concurrent findings of the Courts that the property was non-ancestral the, appellant, a daughter, took the estate absolutely in 1936. 2. Ghulam Rasool, a Rajput by caste, owner of non-ancestral property measuring 256 kanals, 1 marla situated in village Mundir in Gujranwala District, died in the year 1934.. He was survived by a widow who remarried, an unmarried daughter, end by a collateral in the fifth degree. The entire land was at first entered in the name of widow and on her remarriage in 1936 in the name of t e appellant as the unmarried daughter. On her marriage in 1952 another mutation was entered whereby half of the land was given to Barkat Ali, f1he collateral. The successors-in-interest of Mst. Allah Bi, the sister…
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