Case Details

Citation(s)
1989 SLG 1795 1989 SLD 1795 1989 SCMR 1599
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.950 of 1983, decision dated: 15-08-1988. (On appeal from the judgment and order of the Lahore High Court, Multan Bench, Multan, dated 7-06-1983 in Regular Second Appeal No.789 of 1975)
MUHAMMAD AFZAL ZULLAH AND, JAVID IQBAL, JJ
Muhammad Rashid Chughtai, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi, Advocate-on-Record (absent) for Petitioners. Nemo for
Respondent.

SADIQ ALI and anothers

VS

Mst. ASIA BIBI

Law:

Section:

Muslim Family Laws Ordinance (VIII of 1961)---S.4--Constitution of Pakistan (1973), Art.185(3)--Succession--Concurrent findings of Courts below based on evidence that respondent was daughter of predeceased son, hence, entitled to inheritance--No case for interference was made out--Petition dismissed. ORDER JAVID IQBAL, J.--This petition for leave is directed against the judgment of the Lahore High Court, Multan Bench. dated 7th June, 1983 whereby the Regular Second Appeal of the petitioners was dismissed. Briefly the facts are that the common ancestor of the parties namely Fareed died on 19th March, 1972. He had two sons namely Sadiq Ali petitioner and Khurshid (predeceased), and a daughter Mst. Imam Sain petitioner. The respondent Mst. Asia Bibi is daughter of Khurshid. On the death of Fareed, his estate devolved on the petitioners and consequently mutation to that effect was sanctioned on 3rd April, 1974. The respondent applied for review of that mutation on the ground that she was grand-daughter of Fareed and therefore, entitled to inheritance from him. But her application was…
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