Law:

Section:

(a) Custom (Punjab)--- ----Succession---Deceased landowner being a Jat belonged to agricultural family and having died in 1937, would be presumed to have followed custom in matters of inheritance---Deceased having left behind an issueless widow, she would succeed only for the purpose of maintenance alongwith a son of deceased from another wife and her succession would ensure till life or remarriage---Widow of deceased being a limited estate holder had no authority to alienate property in question through gift---Mutation of gift by widow had correctly been declared as void and such finding was correct and in accordance with law.--[Muhammadan Law] Muhammad Bibi v. Ghulam Muhammad etc. PLD 1978 Lah. 483 rel. (b) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1965)--- ----S. 3---Termination of limited esate---Effect---Limitation---Plea of adverse possession---Validity---On termination of limited estate of widow, son of deceased landowner would automatically succeed to the estate as an heir of his father---No period of limitation would start against rights of such heir unless and until it was proved on record that defendants (donees from widow) had acquired title by adverse possession---Defendants, however, claiming title through gift, could not claim title through adverse possession---Heir's suit against donees from limited owner, after termination of donor's life estate was not barred by time and was correctly decreed. Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407 and Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. (c) Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act (XXV of 1975)--- ----S. 4---Bar to claim adverse possession---Pie a of adverse possession was not available to defendants who had acquired land in question through gift, against any lawful heir of last male-holder---Provisions of Act (XXV of 1975), besides being enabling would apply to those cases where his had already been decided against a suitor by a forum of general jurisdiction in cases where question of title was involved---Gift in favour of defendants having been effected through mutation, entries…

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