Law:

Section:

(a) Muhammadan Law-------Bequeath---Validity---Bequeath would be void for want of assent of all legal heirs after the death of testator PLD 1967 Lah. 672 and PLD 1967 SC 200 ref. (b) Muhammadan Law--- ----Will---Where the will had been executed in favour of one of the legal heirs, assent of remaining legal heirs was essential after the death of testator---In absence of assent of all legal heirs, the will would not be capable of enforcement. Muhammadan Law by Aamir Ali, Chap. 20 p. 589; Mahomedan Law by Mulla and A.E. Salayjee v. Fatima Bibi 71 IC 753 (PC) ref. (c) Civil Procedure Code (V of 1908)--- ----S. 96 & O.XLI, R.33---Appeal---Maintainability---Contention of the respondent was that appeal filed against her was not maintainable because earlier suit filed by appellants in which she was also one of the defendants was dismissed against her for non-deposit of process-fee---Contention was repelled in view of the fact that Appellate Court was empowered under O.XLI, R.33, C.P.C. to pass such order/decree as the case might require and such power could be exercised by the Court, notwithstanding, that the appeal pertained to a part of the decree only and could be exercised in favour of all or any of the respondents or parties, although such respondents or parties had not filed any appeal or objections---Challenging decree as a whole even impleading said respondent against whom no decree was passed, thus, would not be fatal. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY,J---Appellants and private respondents are the legal heirs of late Malik Muhammad Ali, who died at Quetta on 18th February, 1983. He left behind him a house bearing No.3-9/40 situated at Tahir Khan Road, Quetta. On the opening of succession of his legacy in revenue record, the house was mutated on the names of his legal heirs, according to their proportionate shares vide Mutation Entry No.235, dated 4th March, 1993. Respondent No. 1, feeling aggrieved from the transfer of house in the name of all legal heirs, challenged the Intiqal in appeal filed under section 161 of the Balochistan Land Revenue Act. 1967, before the Collector, Quetta on the averments that the house exclusively belongs to him, because…

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