| Citation(s) |
|---|
| 1965 SLG 64 1965 SLD 64 1965 PLD 33 |
Supreme Court of Pakistan
Civil Appeal No. 72 of 1963, decision dated: 23rd June 1964. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 10th February 1961, in Regular First Appeal No. 15 of 1955.)
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Said Akbar Senior Advocate Supreme Court (Maqbool Ahmad Advocate Supreme Court with him) instructed by M. Saleem Chaudhary Attorney for Appellant. Mahbub Elahi Sheikh Advocate Supreme Court instructed by Nazir-ud-Din Attorney
Civil Appeal No. 72 of 1963, decision dated: 23rd June 1964. (On appeal from the judgment and order of the High Court of West Pakistan, Lahore, dated the 10th February 1961, in Regular First Appeal No. 15 of 1955.)
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLEAKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Said Akbar Senior Advocate Supreme Court (Maqbool Ahmad Advocate Supreme Court with him) instructed by M. Saleem Chaudhary Attorney for Appellant. Mahbub Elahi Sheikh Advocate Supreme Court instructed by Nazir-ud-Din Attorney
Mst. BANG
VS
MAHLU
Law: West Pakistan Muslim Personal Law (Shariat) Application Act, (IX of 1948)
Section: 3
West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948), S. 3-Succession to widow's limited estate where Ra~ widow herself had succeeded collaterally-Such widow's estate Faz devolves on heirs of "last full owner" and not on heirs of her Kai husband-"Last full owner" and "last male holder"-Distinction- Ha; [Mst: Gango and others v. Mst. Hukam Kaur and others A I R Ral 1938 Lah. 111 and Akhtar Abbas v, Nazar Abbas A I R 1946 Lah. 10 ref.). JUDGMENT B. Z. KAIKAUS, J.-This appeal raises a question of inheritance with respect to the estate which was held by a female under customary law. For an appreciation of the point involved it is necessary to refer to the pedigree-table of the parties which is as follows: GUL __________________________|_______________________ | | | Allah Yar Hashu Massu | | | Sada Changu | | | | Mahlo Muhammad | | | Mst. Bakho | (married 1910) | _________________________| ________________________|______________________ | | Mst. Bego-Mada Jada-Mst. Khatun (died 1917) (died 1907) | | |____________________ | ______________|______________ | | | | Qadri Bahaduri | (died about 1904) | ______________________| ________________________|____________________ | | Taja Raja - Mst. Rahmon (died 1904) (died 1904) - (died 1949) | Mst. Bano The dispute relates to the property which was originally belonged to Gul and had been inherited by his descendants. It is situate in village Deowal, Bhalwal Tehsil of Shahpur district. The parties were before the Muslim Personal Law (Shariat) Application Act (IX of 1948) came into force governed in matters of succession by agricultural custom. In 1904 in an epidemic Taja, raja, Bahaduri, Qadri and Muhammad shown in the pedigree-table died. The property of Taja who died childless and without a widow went to his mother Mst. Khatun, the property of Raja went to his widow Mst. Rehmon, the land of Qadri and Bahaduri was inherited by Mst. Bego their mother and the land of Muhammad was inherited by Mst. Bakho his unmarried daughter. The estate held by these female heirs was the life estate of a widow under customary law in 1907 Mst. Khatun died and her share went to fist Rehman the widow of Raja. Mst. Bakho was…
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