Case Details

Citation(s)
2007 SLG 595 2007 SLD 595 2007 SCMR 800
Supreme Court of Pakistan
Civil Petitions Nos. 3007 and 3008-L of 2002, decided on 21st July, 2006. (On appeal from the judgment, dated 16-5-2002 of the Lahore High Court, Multan Bench, Multan passed in R.S.As. Nos. 112 and 113 of 1983)
KHALIL-UR-REHMAN RAMDAY AND RAJA FAYYAZ AHMAD, JJ
Syed Sardar Shah Bukhari, Advocate Supreme Court for Petitioners. M. Iqbal Khan, Advocate Supreme Court for
Respondents

GUL KANJEER KHAN and others

VS

Subedar UMER KHATAB and others

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 30,30A

(a) Colonization of Government Lands (Punjab) Act (V of 1912)--- ----Ss. 30 & 30-A---Proprietary right, acquisition of---Execution of sale-deed in favour of female on payment of full price of land to the extent of her share---Held, such female was full owner of land as per registered sale-deed. (b) Islamic Law--- ----Inheritance---Stepson not entitled to succeed to property left by his stepmother on opening of her inheritance in presence of her own children. JUDGMENT RAJA FAYYAZ AHMAD, J.--- Leave to appeal has been sought for by the petitioners through these two petitions from the consolidated judgment, dated 16-5-2002 passed by the learned Division Bench of the Lahore High Court, Multan Bench in R.S.As. Nos.112 and 113 of 1983, whereby the appeals preferred by the petitioners against the consolidated judgment of the First Appellate Court/District Judge, Multan in Civil Appeals Nos.118/13 and 119/13 of 1982, have been dismissed by upholding the judgment and decree of the First Appellate Court. 2. The precise relevant facts of the case as undisputedly arise out of the pleadings of the parties are that the suit-land measuring 200 Kanals was originally allotted to one Kanjeer Khan as a Military Grant under the Colonization of Government Lands Act, 1912, Kanjeer Khan expired in the year 1934, leaving behind the following legal heirs: (i) Mst. Ijra Bibi (widow) and one son Races Khan born out of wedlock of Kanjeer Khan and Mst. Ijra Bibi. (ii) Mst. Gul Bibi (widow) and two daughters namely Gul Naura alias Gul Nauza and Gulaba Bibi from her. The learned District Judge, Multan/First Appellate Court for convenience in view of the two suits documents and the evidence led by the parties at the trial in its consolidated judgment dated 2-12-1982 subject-matter of the above said R.S.As. had constructed the pedigree table of Kanjeer Khan, the original allottee of the suit-land, which of course is of much assistance and to better understand the claim and rights of the parties litigating over the suit property, reproduced hereinbelow:-- Kanjeer Khan | | ________________________|________________________ | | Ghulam Begum Ijara Bibi ______|__________________ | | | | | | |…
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