Case Details

Citation(s)
1997 SLG 755 1997 SLD 755 = 1997 SCMR 1172
Supreme Court of Pakistan
Civil Petition No. 1311-L 6f 1995, decision dated: 5-03-1996
MUHAMMAD ILYAS AND SH. RIAZ AHMAD, JJ,

SEMUAL and othersvsPIARA MASIH and others

Law: Succession Act (XXXIX of 1925)

Section: 29(2) & 37

Law: Colonization of Government Lands (Punjab) Act (V of 1912)

Section: 21(b)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Succession Act (XXXIX of 1925)--�Ss. 29(2) & 37---Colonization of Government Lands (Punjab) Act (V of 1912), S. 21(b)---Constitution of Pakistan (1973), Art. 185(3)---Dispute relating to succession---Petitioner claimed that in view of S. 29(2), Succession Act, 1925, which is a saving provision, parties' case would be governed by S. 21(b), Colonization of Government Lands (Punjab) Act, 1912, and not by S. 37. Succession Act, 1925; and that such point was not specifically raised in Mst. V Inayat Bibi's case PLD 1992 SC 385 which was relied upon by High Court ill impugned ---Leave to appeal was granted to examine such contention of petitioner.Mst. Inayat Bibi v. Issac Nazirullah and others PLD 1992 SC 385 ref.Mian Muhammad Siddiqui Kamiana, Advocate Supreme Court. for Petitioner.Ch. Noor Elahi, Advocate Supreme Court for Respondent.Date of hearing: 5th March, 1996.ORDER Learned counsel for the petitioner contends that in view of subsection (2) of section 29 of the Pakistan Succession Act, 1925, which is a saving…
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