Law:

Section:

(a) Muhammadan Law--- ---- Inheritance---Shia sect---Original owner of house in question admittedly being Shia by faith, plaintiff being his sister, was his sole heir (he having died issueless) ---Ownership of house in question, would automatically vest in plaintiff sister by way of inheritance. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. (b) Qanun-e-Shahadat (l0 of 1984)--- ----Art. 140---Statement of relinquishment of right in property, in earlier proceedings by plaintiff---Plaintiff was not confronted with her previous statement when she appeared in subsequent proceedings in claim of her right, as a witness---Previous statement would not be admissible in subsequent proceedings. Sikandar Hayat and 4 others v. Master Fazal Karim PLD 1971 SC 730 and Khan Muhammad Yusuf Khan Khattak v. S.M. Ayub and 2 others PLD 1973 SC 160 ref. (c) Pardahnashin lady..- ----Illiterate lady---Statement made by illiterate lady in a proceeding where house in question was not the subject-matter of lis without there being any evidence about availability of independent advice, and being without consideration---Such statement was not sufficient to prove transaction of relinquishment of right in immovable property in absence of any other independent evidence of transaction. JUDGMENT Syed Bagh Hussain Shah, who was a Shia by faith, owned and possessed house No.SN-1092/A. He died on 7-7-1983. Application for grant of succession certificate was filed by Mst. Taj Bibi, sister of Bagh Hussain deceased who is sole heir as per Shia Law of Inheritance. During the course of proceedings for grant of succession certificate, Ahmad Hussain Shah petitioner before this. Court who claims himself to be son of paternal .aunt of the deceased obtained stay order against the grant of succession certificate to the respondents. Subsequently, an alleged compromise dated 21-5-1984 was filed in those proceedings on the basis whereof the proceedings relating to succession certificate were finalized. As a statement is alleged to have been made by the respondents in the said. proceedings in accord with the compromise referred to above on 21-5-1984 that she gave up her claim in the house…

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