Case Details

Citation(s)
2000 SLG 1762 2000 SLD 1762 2000 SCMR 672
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No.642-L of 1998, decided one Ist December, 1999.


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Law:

Section:

2000 SCMR 672 [Supreme Court of Pakistan] Present: Muhammad Bashir Jehangiri and Khalil-ur-Rehman Khan, JJ SHER MUHAMAMD and another----Petitioners versus MAHMOOD BAKHSH and 17 others---Respondents Civil Petition for Leave to Appeal No.642-L of 1998, decided one Ist December, 1999. (On appeal from the , dated 17- -199 of the Lahore High Court, Multan Bench, Multan, passed in Civil Revision No.98-D of 1998). Muhammadan Law--Inheritance---Deceased survived with one daughter, children of predeceased daughter and a sister---Petitioners claimed inheritance in the estate of the deceased on the basis of their being collaterals of deceased--­Validity---Deceased was whether "Shia" or "Sunni", the petitioners could in either case, have no right to inherit any share in the estate left by the deceased---Findings of the two Courts below and that of the High Court were upheld---No fault could be found with the of the High Court, as the same proceeded on correct application of the relevant principles of law to the facts and circumstances of the case---Supreme Court declined-to interfere with order of the High Court---Leave to appeal was refused in circumstances. Mulla's Mahomedan Law, 1981 Pakistan Edn., Chap. VIII, Item 88 ref. Mubashir Lateef Ahmed, Advocate Supreme Court for Petitioners. Malik Saeed Hasan,. Senior Advocate Supreme Court for Respondents. Date of hearing: 1st December, 1999. , JUDGMENT MUHAMMAD BASHIR JEHANGIRI, J.---The petitioners seek leave to appeal against the order of dismissal of Civil Revision No.98-D of 1998, filed by the petitioners against the appellate order of the learned District Judge, Rajanpur who had earlier affirmed the and the decree passed by the learned trial Court non-suiting the petitioners in a claim of inheritance-of one Allah Diwaya deceased. 2. Allah Diwaya was admittedly the, owner of the disputed property. He died in the year 1977 and had been survived by a daughter, another daughter's children and a sister. On 19-10-1977, Inheritance Mutation No.68 of Allah Diwaya deceased was sanctioned in favour of respondents Nos.1 to 4 and one Mst. Ameer Mai who later on transferred her share by way of gift to respondent No .6. Subsequently…
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