Law:

Section:

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)------S. 3---Limitation Act (IX of 1908), Art. 125---Limited interest of widow---Land allotted to widow in lieu of land left by her deceased husband in India was sold by her to defendants on 26-8-1963 through mutation--­Plaintiffs filed suit for recovery of possession on the ground that widow holding the estate as limited owner could not alienate the land under Custom of Zamindara by which she was governed---Trial Court decreed the suit, which decree was upheld by both the Appellate Courts---Validity---Widow sold the property on 26-8-1963, thus, the same was the date when title or right of the plaintiffs would be deemed to have been denied giving rise to a cause of action to file the suit---Before such date on termination of limited interest in the estate by virtue of the provisions of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, the parties had become joint owners of the land by way of inheritance---Widow after termination of her limited interest was entitled only to a share in land allocated to her under Islamic Law and was entitled to sell her own share only and not beyond that---Limitation started from the date when alienation was made as such suit had rightly been filed within 12 years therefrom---Findings of Courts below that widow was not full owner as such could' not transfer the land by way of sale did not suffer from any illegality. Ahmad Din v. Muhammad Shafi PLD 1971 SC 762; Mst. Zeenat Begum v. Mst. Iqbal PLD 1991 SC 427 and Federation of Pakistan v. Muhammad Ishaque PLD 1983 SC 273 ref. (b) Adverse possession- ---- Possession of a joint owner could not be treated as possession adverse to the other joint owners. (c) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)-- ----S.3---Constitution of Pakistan (1973), Art. 185(3)---Courts below declared the entire sale made by widow in favour of defendants as void and ineffective against the rights of reversionaries/plaintiff as she being limited owner could not alienate the land allotted to her in lieu of the land left by her deceased husband in India---Contention of the defendants was…

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