Law:

Section:

(a) Muhammadan Law--- ---- Succession Act (XXXIX of 1925), Ss. 58, 211 & 213---Wills executed by Muhammadans could not be enforced or regularised under various provisions of Succession Act, 1925; Muhammadans are authorised to make a will in any form i.e. oral, or written---Where such will was in writing same need not be attested nor a probate thereof was required to be obtained from the competent Court of jurisdiction---Provisions of Ss. 211 & 213, Succession Act, 1925, have no relevancy where a Will had been executed by a Muhammadan. Haroon Ayoob Abdul Karim v. Sulleman Ahmad and 4 others 1983 CLC 162 rel. (b) Oaths Act (X of 1873)--- ----S. 9---Decision of suit on Oath---Validity---Petitioner subsequently backing out from decision on Oath---Effect---Petitioner during proceedings of case in his application in unequivocal terms himself offered that if the witness (named in application) made statement on Holy Our'an, whatever he had stated otherwise in the Court, then the suit be decreed---Witness on Holy Our'an had stated that deceased (predecessor of petitioner) was in fit state of health when he gave 1/3rd share of his property to respondent---Trial and Appellate Courts had given full effect to such evidence treating the same to be conclusive one within the meaning of S.9, Oaths Act, 1873---Petitioner, thus. could not be allowed to back out from his own offer/stand mere[y on technical ground--­order/decree passed on basis of Oath did not suffer from illegality, irregularity or impropriety warranting interference. JUDGMENT Briefly the facts of the case are that on 19th October, 1991, respondent Moulvi Luqman son of Barahmat filed a civil suit before Qazi,.Bori Sinjavi at Loralai, for declaration and permanent injunction to the extent of 1/3rd share of landed property, owned by late Muhammad Rasool, description whereof has been given in the plaint, on the averments that said owner during his lifetime executed a Will in his favour bestowing his property to the extent of 1/3rd on the condition that after his death he will perform spiritual acts on his behalf, etc. The suit was contested by the petitioner and other respondents repudiating the claim of…

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