| Citation(s) |
|---|
| 1987 SLG 1690 1987 SLD 1690 1987 SCMR 976 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No.68 of 1980, decided on 25th January, 1987. (From the /order of the Lahore High Court, Lahore, dated 18-11-1979 passed in Regular Second Appeal No.687 of 1979).Date of hearing: 25th January, 1987.
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Muhammad Rashid Chughtai, Advocate Supreme Court for Petitioners. Nemo for
Respondents.
Civil Petition for Special Leave to Appeal No.68 of 1980, decided on 25th January, 1987. (From the /order of the Lahore High Court, Lahore, dated 18-11-1979 passed in Regular Second Appeal No.687 of 1979).Date of hearing: 25th January, 1987.
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Muhammad Rashid Chughtai, Advocate Supreme Court for Petitioners. Nemo for
Respondents.
MAHIA and others--Petitioners
VS
SHAHIA and others--Respondents
Law:
Section:
(a) Muhammadan Law-- ---Constitution of Pakistan (1973), 185(3)--Inheritance--Leave to appeal, grant of--Progeny of murder, whether to inherit property of his victim-Case of first impression--Leave to appeal granted to consider inter alia that petitioner having ultimately been found guilty only of culpable homicide not amounting to murder, whether rule of Muhammadan law pressed in service against petitioner/his progeny would be attracted. Mst. Beguman and 2 others v. Saroo and another P L D 1964 WP 451; Kenchava Kom Sanvallappa Hosmani and another v. Girimalloppa Somasagar A I R 1924 P C 209; Aminullah v. The State PLD 1982 S C 429 and Khan Gul Khan v. Mst. Karam Nishan and others AIR 1940 Lah. 172 ref. (b) Constitution of Pakistan (1973)- ---Art. 185(3)--Leave to appeal, grant of--Case of first impression-Difference of opinion among Muslim Jurists and Aima--Leave to appeal granted to consider whether heirs of murderer would also be excluded from inheritance of property of victim. Mst. Beguman and 2 others v. Saroo and another P L D 1964 W.P. 451; Kenchava Kom Sanvallappa Hosmani and another v. Girimalloppa Somasagar A I R 1924 P C 209; Aminullah v. The State PLD 1982 S C 429 and Khan Gul Khan v. Mst. Karam Nishan and others AIR 1940 Lah. 172 ref. ORDER MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from dated 18-11-1979 of the Lahore High Court; whereby petitioners' Regular Second Appeal arising out of an inheritance case, was dismissed. 2. Mahia petitioner was convicted under section 302, P.P. C. for the murder of his father Ramzan. His appeal partly succeeded. The conviction was altered to 304 Part-II, P.P. C. and sentence was accordingly reduced. It is not necessary to give the details of the entire litigation. Suffice it to state that the case of inheritance of Ramzan was ultimately decided against the petitioners on the ground that petitioner No.1 being himself the murderer, he would be excluded from heirs on the basis of Muslim Law of Inheritance to the effect that a murderer would not inherit the property of his victim. Petitioners Nos. 2 to 6 who are sons and daughters of petitioner No.1 have also been deprived of the inheritance on the…
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