Law:

Section:

(a) Succession Act (XXXIX of 1925)-------S. 29---Customary succession, so far as Christians were concerned, was altered by Succession Act, 1925 which also abolished customary law in Punjab for the Christians.Kamawati v. Digbijai Singh AIR 1922 PC 14; Sohan Lal v. A.Z. Makuin and another AIR 1929 Lah. 230; Sita Ram and others v. Raja Ram 12 PR 1892; Abdul Karim and others v. Sahib Jan 5 P.R. 1908; Ranbir Karam Singh v. Jogindra Chandra Bhattacharji AIR 1940 All. 134; Muhammadan Law by Tyabji, 3rd Edn. p.28 and Haji Nizam Khan v. Additional District Judge, Lyallpur and others P L D 1976 Lah. 930 ref. (b) Succession Act (XXXIX of 1925)--- ----S. 29---Christian female was allowed to inherit in presence of the male heirs---Succession Act, 1925, by statutory dispensation having determined the mode of succession when a Christian male died neither the custom nor any other law would be applicable. Kamawati v. Digbijai Singh AIR 1922 PC 14; Sohan Lal v. A.Z. Makuin and another AIR 1929 Lah. 230; Sita Ram and others v. Raja Ram 12 PR 1892; Abdul Karim and others v. Sahib Jan 5 PR 1908; Ranbir Karam Singh v. Jogindra Chandra Bhattacharji AIR 1940 All. 134; Muhammadan Law by Tyabji, 3rd Edn., p.28 and Haji Nizam Khan v. Additional District Judge, Lyallpur and others PLD 1976 Lah. 930 ref. (c) Constitution of Pakistan (1973)--- ----Art. 184(3)---Original special jurisdiction of Supreme Conrt---Case involved important questions of law of public importance; it related to the Fundamental Rights of property being claimed by females who were members of minority community who in Pakistan and Islam were additionally protected---Supreme Court, while considering the case to be amply fit for exercise of the power to do complete justice, treated the case covered by the original jurisdiction of Supreme Court under Art.184(3) of the Constitution which could be invoked for the enforcement of fundamental rights. JUDGMENT MUHAMMAp AFZAL ZULLAH, CJ. ---In this case of succession to property left by a Christian male, last holder, leave to appeal was ganted on a contest between the widow and two daughters on the one side and a son and his nephew on the other. Following points were noted for…

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