Law:

Section:

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)-----S. 3---Limited interest of widow---Land left by deceased was mutated in favour of his widow as a limited owner---Allotment of land was made in favour of widow in lieu of land abandoned by her deceased husband in India--­Mutation of inheritance was attested in accordance with West Pakistan Muslim Personal Law Shariat (Application) Act, 1962 as limited---One-fourth share of land was accordingly attested in favour of widow and remaining land was mutated in favour of real brother of deceased---Courts below, on filing suit by widow against such mutation, concurrently found widow as absolute owner of suit land ---HHL1 two Courts were in error in coming to conclusion that widow was absolute owner of suit land---After termination of widow's right, Authority had correctly attested mutation in consonance with Islamic rule of inheritance--.Concurrent and decree passed by Courts below, was set aside and mutation as attested earlier was revived. Sher Muhammad v. The Additional Rehabilitation Commissioner and 7 others PLD 1968 Lah. 234 and Addl. Settlement Commissioner v. Muhammad Shafi PLD 1971 SC 791 ref. Syed Ali Raza for Appellants. Iftikhar Shah for Respondents. Date of hearing: 8th May, 1993., JUDGMENT This regular second appeal under section 100 of the Code of Civil Procedure, is directed against the judgment and decree dated 4-3-1971 whereby the learned Addl. District Judge, Faislabad dismissed the appeal filed by the appellant and affirmed the judgment and decree passed by the learned Civil Judge, 1st Class, Toba Tek Singh dated 30-7-1969 decreeing the suit brought by respondent. 2. The undisputed relevant facts are: that one JaW Din the husband of Mst. Karim Begum was owner of agricultural land in India. He died before partition and agricultural land left by him was mutated there in favour of Mst. Karim Begum (herein respondent) as a limited owner. After partition, she came to Pakistan as a displaced person and secured the allotment of suit land in year 1953 vide RL-II No. 73/45. The allotment was made to her in lieu of land abandoned by Jalal Din in India. After the promulgation of West…

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