Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--S.3--Constitution of Pakistan (1973), Art.185(3)--Gift of limited estate by limited owner--Validity of--Effect of Act V of 1902 on such gift--Gift of limited estate by female limited owner was not sustainable, for, on her death when inheritance of deceased last male owner was to reopen, she would have only been entitled to 1/8th share whereas daughters of last male owner would have taken 2/3rd and the rest, the other heirs--Before coming into force of Act V of 1962, whereby limited estates were terminated, inheritance would have opened on death of the limited owner--Heirs of last male owner being entitled to 7/8th share in estate, and such being the findings of Courts below, no case was made out for interference--Petition being devoid of merit was dismissed in circumstances. Sh. Abdul Aziz, Advocate Supreme Court instructed by Tanvir Ahmad, Advocate-on-Record for Petitioner. Nemo for Respondents. Date of hearing: 6th November, 1988. ORDER JAVID IQBAL, J.--This petition for leave to appeal is directed against the order of the Lahore High Court, Lahore dated 30th November, 1981 whereby R.S.A. of the petitioner was dismissed. Briefly the facts are that Nabia who was the original owner of the disputed land died without male issue in 1947. Consequently mutation of inheritance of his landed property was sanctioned in favour of Mst. Rehmoon as his widow on 21st April 1948. This Mst. Rehmoon had a son from her previous husband and that is Abdullah the present petitioner. Mst. Rehmoon made. a gift of the whole property of Nabia in favour of the petitioner vide registered gift deed attested on 26th June, 1957. Respondents No. l and 2 are daughters of Nabia and respondents Nos.3 and 4 arc nephews of Nabia. The respondents filed a suit for joint possession of 7/8th share m the aforesaid land. The petitioner resisted the suit among others on the ground that under…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492