Law:

Section:

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 11962)-------S. 2-A [as added by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)]---Inheritance---Plaintiffs/appellants had claimed that after death of original owner of land in question, land left by him was mutated in name of his widow as limited owner and after death of widow of original owner, same was mutated in favour of her daughters as original owners had left no male issue behind him---Plaintiffs had further claimed that one of the daughters of original owner who possessed land as limited owner under custom and had no issue, could not make any alienation by way of gift to defendants who were sons of her other sister and that plaintiffs/appellants being residuaries were entitled to claim 3/4th of land in question---Plaintiffs had failed to produce any evidence to show that land in question was ancestral qua daughter of original owner or that daughter had received that land as limited owner---Evidence on record had fully established that land in dispute was received by widow of original owner as an occupancy tenant and after her death her daughters received same under family custom of Rajput to the exclusion of collaterals---Daughter of original owner, in circumstances, had not received land as a limited owner under custom as land was held to be self-acquired property of original owner, who was her father--­Original owner was thus not last male owner and his daughter had not received land as limited owner till her lifetime in the capacity of daughter of last male owner---Plaintiffs/appellants, in circumstances, could not succeed in their claim to inherent property in dispute in capacity of residuaries of original owner and S. 2-A would not apply to the case. Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407 and Sikandar v. Mst. Karam Nisha and others AIR 1938 Lah. 842 ref. JUDGMENT This second appeal was directed against the judgment dated 14-3-1974 of the learned Additional District Judge, Sahiwal whereby the appeal of present appellants-plaintiffs was dismissed and the judgment and decree dated 17-5-1969 of dismissal of the suit…

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