| Citation(s) |
|---|
| 1983 SLG 170 1983 SLD 170 1983 SCMR 904 |
Supreme Court of Pakistan
Civil Appeal No. 201 of 1978, decision dated: 2-07-1983.(On appeal from the judgment dated 17 5 1978 of the Lahore High Court in C. R. No. 567 of 1978)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
A. Karim Malik, Advocate Supreme Court and Meraj-ud-Din Ch., Advocate-on-Record for Appellants. Zafar Pasha, Advocate Supreme Court and M. A. Qureshi, Advocate on-Record for
Respondents
Civil Appeal No. 201 of 1978, decision dated: 2-07-1983.(On appeal from the judgment dated 17 5 1978 of the Lahore High Court in C. R. No. 567 of 1978)
ASLAM RIAZ HUSSAIN AND NASIM HASAN SHAH, JJ
A. Karim Malik, Advocate Supreme Court and Meraj-ud-Din Ch., Advocate-on-Record for Appellants. Zafar Pasha, Advocate Supreme Court and M. A. Qureshi, Advocate on-Record for
Respondents
Mst. BIBI
VS
ISMAIL AND OTHERS
Law:
Section:
Constitution of Pakistan (1973)---Art. 185 Supreme Court did not interfere with clarification issued by High Court in matter pending before High Court Question involved in revision before High Court very short one, namely whether suit of appellant (before Supreme Court) was barred on ground of limitation Supreme Court observed that High Court may, if possible, give priority to case and dispose same on merits within 3 months. JUDGMENT NASIM HASAN SHAH, J. The dispute in this appeal relates to about 77 Kanals and 10 Marlas of land, which formed 'part of a bigger plot owned by one Noor Muhammad, who died in 1956. On Noor Muhammad's death, 1/4th of this area of 77 Kanals and 10 Marlas was mutated in favour of his widow Mst. Naik Bibi, who is the third respondent in this appeal, whilst 3/4th was mutated in the name of the paternal aunt of the deceased Mst. Ghulam Fatima. On the death of Mst. Ghulam Fatima in 1962, her share was inherited by Noor Muhammad respondent No. 2 herein, who sold the land thereafter to one Imam Din on 27 4 1966. On the death of the said Imam Din, the land purchased by him was mutated in the name of his son Ismail, who is respondent No. 1 herein. On the 20th July, 1972 the appellant filed a suit against the respondents in the Court of the Civil Judge, Nankana for a declaration that she was entitled to a 3/4th share in the estate of Noor Muhammad deceased, because she was the real sister of the said deceased. The suit was contested by the respondents but it was decreed by the trial Court in 1976. The respondents filed an appeal against this judgment in the District Court, Sheikhupura but the appeal was dismissed by the learned District Judge on 20th April, 1978. Therefore, they filed a revision in the Lahore High Court, which was admitted only for examination of the question whether the appellant's suit was hit by limitation. Together with the revision, the respondents had filed an application for interim relief and when the revision was admitted, notice of the stay application was accepted by the learned counsel for the appellant. He opposed the stay application and produced documents in support of the judgment in her favour by the lower…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492