| Citation(s) |
|---|
| 1997 SLG 771 1997 SLD 771 1997 SCMR 1218 |
Supreme Court of Pakistan
Civil Petition No. 1076-L of 1993, decision dated: 5-04-1995
SAAD SAOOD, JAN AND ZIA MAHMOOD MIRZA, JJ
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Civil Petition No. 1076-L of 1993, decision dated: 5-04-1995
SAAD SAOOD, JAN AND ZIA MAHMOOD MIRZA, JJ
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MUHAMMAD BAKHSH through Legal Heirs
VS
MUHAMMAD SHAFI and 8 others
Law:
Section:
(a) Custom (Punjab)--Constitution of Pakistan (1973), Art. 185(3)---Alienation by limited owner--Suit by one of reversioners that alienation after death of limited owner would not be binding against reversionary rights of reversioners---One of reversioners who was not party to suit claimed after death of limited owner that he was entitled to claim share in property in question while person who had challenged alienation by limited owner claimed that decree in question would not entire for benefit of all reversioners but for only those who had challenged the alienation-Reversioners who had not challenged alienation brought suit for declaration that they were also entitled to claim share in land comprised in limited estate---Such reversioner's suit was dismissed by Trial Court but was decreed by First Appellate Court and by the High Court---Validity---Decree obtained by any person declaring that alienation of ancestral property was not binding on him according to Custom would entire for the benefit of all persons entitled to impeach alienation of such property---Plaintiff being reversioner, though he had not challenged alienation in question, yet was entitled to claim his reversionary share---Finding of High Court on that score was, thus, unexceptionable. (b) Custom (Punjab)--- ---- Limitation Act (IX of 1908), Art. 125---Constitution. of Pakistan (1973), Art.l85(3)---Suit by reversioner ---Death of limited owner---Mutation of inheritance was sanctioned in 1949 while suit by reversioner for declaration of his entitlement was filed in 1974---Parties being admittedly cosharers, plaintiff's suit was not barred by limitation---High Court having correctly decided such issue, leave to appeal was refused in circumstances. Muhammad Akram Sheikh, Advocate Supreme Court and Ejaz Ahmad Khan, Advocate-on-Record for Petitioners. Nazir Ahmed Qureshi, Advocate Supreme Court and Ch. Mehdi Khan Mehtab, Advocate-on-Record for Respondents. Date of hearing: 5th April, 1995. JUDGMENT ZIA MAHMOOD MIRZA, J.---Through this petition, the petitioners seek leave to appeal from the judgment of the Lahore High Court, Multan Bench, dated 22-6-1993 dismissing their revision petition (C.R.…
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