Law:

Section:

Punjab Limitation Custom Act (I of 1920)---S.5---West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), S.5---Constitution of Pakistan (1973), Art. 185(3)---Concurrent findings of two Courts below reversed by High Court---Justifiability---Gift of land to wife by last male owner---Plaintiffs claiming inheritance on the ground that such female being limited owner, her limited estate stood terminated on promulgation of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962--­Defendants contested suit on the plea that such female having acquired land through gift was full owner and not limited owner---Trial Court as also First Appellate Court decreed plaintiff's suit---High Court set aside concurrent findings of two Courts below and dismissed suit by taking view that the female was not limited owner but full owner---Validity--- Petitioners claimed that contents of gift deed demonstrated that female had not acquired ownership under gift deed but had limited estate for life---Respondents had contended that under Punjab Limitation Custom Act, 1920, S.20, gift deed in question, should have been challenged within period of six years and not after expiry of 25 years--­Leave to appeal was granted to consider whether High Court was justified in reversing concurrent s/decrees on basis of material on record and the law applicable. C.R. Aslam, Advocate Supreme Court and C.M. Lateef, Advocate-on-­Record for Petitioners. Ch. Khalilur Rehmanâ-ž Advocate Supreme Court and S. Abul Aasim Jaffri, Advocate-on-Record for Respondents. Date of hearing: 10th July, 1996. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 2-4-1996 passed by a learned Single Judge of the Lahore High Court in R.S.A. No.682 of 1971, filed by the respondents against the concurrent judgments/decrees of the two Courts below decreeing the suit filed by Muhammad Afzal and five others against respondents Nos.1 and 16 others, allowing the same by reversing the above concurrent judgments/decrees and dismissing the suit. 2. The brief facts are that one Ashiq Muhammad had two wives, namely respondent No-.l Mst. Mumtaz Begum and one Mst. Elahi Bakhsh.…

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