Law:

Section:

Muhammadan Law--Inheritance in immovable lease-hold property---Leave to appeal was granted by Supreme Court to consider whether the High Court was correct in holding that lease-hold rights in immovable property were not heritable and did not devolve on the legal heirs of the deceased who held such lease-hold rights--­Constitution of Pakistan (1973), Art. 185(3). Syed Ayaz Zahoor, Advocate Supreme Court and M.W.N. Kohli, Advocate-on-Record for Petitioners. Mrs. Ashraf Abbas, Advocate-on-Record for Respondents. Date of hearing: 23rd September, 1999. ORDER NASIR ASLAM ZAHID, J.---This petition has been filed by petitioners/plaintiffs Paind Khan, son, and Mst. Zar Bibi, daughter, of Adam Khan against the judgment of the High Court of Balochistan, dated 14-7-1998 whereby the revision filed by respondent No. l Jehandad Khan (real brother of the petitioners) was allowed. We have heard Syed Ayyaz Zahoor, learned Advocate Supreme Court for the petitioners and Mrs. Ashraf Abbas, learned Advocate-on-Record for the respondents, Jehandad Khan, who has appeared on caveat. We have referred to relevant record. 2. The dispute relates to Shop No.30 (old No.24) in Baldia Shopping Plaza, Quetta. It is an admitted position that the said shop initially was leased out to Adam Khan, father of the petitioners and respondent No. 1, by Quetta Municipal Corporation (respondent No.8 herein). Shop No.30 is situated in the new building, previously an old building was constructed in which Shop No.24 was on lease with the father of the petitioners and respondent No. 1. The old building was demolished and Baldia Shopping Plaza was constructed and the old occupants/allottees were given the rights to retain shops in lieu of their said shops and as a result Shop No.30 in Baldia Shopping Plaza was allotted in the name of Adam Khan. After the death of Adam Khan, respondent No. l got the allotment/lease continued in the name of Adam Khan but, according to the petitioners, later on he got the lease executed in his exclusive name thereby depriving the petitioners and other legal heirs of deceased Adam Khan of their rights in the said shop. For enforcement of their rights, petitioners filed a suit which…

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