Case Details

Citation(s)
1984 SLG 606 1984 SLD 606 1984 SCMR 682
Supreme Court of Pakistan
Civil Appeal No. 62 of 1969, decision dated: 7-01-1984 (On appeal from the Order of High Court of West Pakistan, Lahore, dated 11-6-1963 in Writ Petition No. 207/R of 1962)
ASLAM RIAZ HUSSAIN, MUHAMMAD AFZAL ZULLAH, NASIM HASAN SHAH AND SHAFIUR RAHMAN, JJ

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SHAFQAT ALI--Appellant

VS

. SETTLEMENT COMMISSIONER (LANDS) AND ANOTHERÂ--Respondents

Law:

Section:

(a) Rehabilitation Settlement Scheme-----Paras.46 & 46-A-Custom (Ambala District)-Question whether widow was "maintenance bolder" or "limited owner of customary life estate"-Relevant Jamabandi entries to be followed for purpose of settlement under scheme-Appellant failing to show any factual basis for plea regarding maintenance-Question as to what was custom amongst Rajputs (tribe of parties) in Ambala District, requiring further enquiry not embarked at appellate stage by Supreme Court.-­[Custom (Punjab); (b) Inheritance- ---Contention regarding correction of shares-No agreement amongst parties took place that appellant's mother and second wife of last male holder died after his death-Agreement present that unless that was position regarding her death appellant could not succeed on that point-Contention for correction of shares, held, untenable in circumstances. Riaz Anwar, Advocate Supreme Court and Ghulam Mujtaba, Advocate-on­-Record for Appellant. Respondent No. 1: Ex parte. Ejaz Ahmed Khan, Advocate-on-Record for Respondent No. 2. Date of hearing: 7th January, 1984. JUDGMENT MUHAMMAD AFZAL ZULLAH, J.-This appeal through special leave of this Court is directed against judgment dated 13-10-1965 of the Lahore High Court; whereby Letter's Patent Appeal from dismissal of appellant's writ petition in a land settlement inheritance case, was dismissed. The relevant facts noted in the judgment of the learned Single Judge of the High Court are as follows:-- "The pedigree-table of the parties is as follows: Ghulam Ali=Sitara Begum | | Mst. Aisha Begum=Ulfat Ali Khan=Mst. Majid-un-Nisa | | Mst. Saghiri Begum=Niaz Muhammad Respondent No. 2 ______________________________________________ | | | | Mabbub Safdar Ali Muhammad Ali Shafqat Ali Ali (Petr. No. 3) (petr. No.2) (Petr.No.1) "Ulfat Ali Khan died much before Partition. Mst. Majid-un-Nisa in lieu of the land she held, was allotted land in Village Tatle Ali District Gujranwala and in Village Ehsan Tebsil Shabdara District Sheikhupura. Reference to it has been made in paragraph 6 of the petition. She died and a dispute arose between Mst. Saghiri Begum, daughter of Mst. Majid-un-Nisa, on the one hand, and the…
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