Law:

Section:

(a) Constitution of Pakistan (1973)-- Art. 185(3)-Custom-Leave to appeal granted to examine whether two appellate Courts had rightly, held, that in respect of half share of estate, succession opened from son in respect of other half, it opened from father, devolving upon their respective Muslim Law heirs. (b) Custom -- Custom cannot be extended by logical process or analogy, but must be established inductively and not deductively-Custom has to be specifically proved and onus lies on those alleging same. Ratigan's Digest of Customary Law by om Prakash Aggarwalla, 13th Edn., page 57 ; Ghulam Akbar v. Irshad Begam P L D 1963 S C 543 ; Abdul Hussain v. Bibi Sona A I R 1917 F C 181 and Shahzadun Bibi v. Amir Hussain Shah P L D 1956 S C 227 ref. (c) Custom -- Afghan residents of Mardan District-No material showing that widow in said tribe was excluded from receiving a life share in estate of deceased husband except for maintenance-Relevant mutation (1911) itself not showing that share given to widow was for maintenance but all it showed was that according to custom, widow was entitled to half share for life or until remarriage - Presumption, held, was that allocation of half share from estate of, husband to widow was in conformity with custom applicable to family or tribe of parties-Widow, therefore, did not receive said share as maintenance in circumstances. (d) Constitution of Pakistan (1973) -- Art. 185-Appeal to Supreme Court-Plea not taken before trial Court or even in memorandum of first appeal-Such plea, held, could not be raised at appeal stage before Supreme Court. (e) Custom Afghan residents of Mardan District-Widow-Succession Widow who succeeds partly or wholly to estate of her deceased husband under Custom, does so as a representative of her husband Succession on death of such widow is to be traced to husband Widow receiving half share from estate of her husband as his widow-Property, held, would, on her death, revert to her husband as its last full owner. ( f ) Constitution of Pakistan (1973)-- Art. 185-Appeal (civil)-Issue of limitation raised in suit not on specific ground as raised in appeal before Supreme Court-Leave having not been granted on said…

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