Law:

Section:

Custom (Punjab)----- Constitution of Pakistan (1973), Art. 185(3)--Succession-­Presumption as to application of custom to Muslim in urban areas--Leave to appeal granted to consider contentions that it was not the case of respondent that he and his family were governed by Custom, that there was no presumption in law that Muslims living in Urban areas were governed by Customary law and that High Court and District Judge had erred in law in raising such presumption without any basis whatsoever. ORDER SAAD SAOOD JAN, J.--The petitioners in this petition for special leave to appeal are the children of Mst. Hayat Begum who was the real sister of respondent No.1 and wife of respondent No.2. The dispute between the petitioners and respondent No.1 relates to the property which was allegedly left on her demise by Mst. Fatet Bibi, who was the mother of respondent No.1 and Mst. Hayat Bibi. The trial Court decreed the petitioners suit for partition but in appeal the learned Additional District Judge dismissed the suit on the assumption that as Mst. Fateh Bibi had died before Independence the parties…

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