Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 96

(a) Specific Relief Act (I of 1877)-------S. 42---Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act (XXV of 1975), S.2---Civil Procedure Code (V of 1908), S.100---Suit for declaration---Last male owner of the suit land who was husband of widow, died in India before partition and suit land was mutated in favour of the widow of last male owner---After partition widow of last male owner, migrated to Pakistan and filed claim in respect of said land---Widow who had inherited 1/4th share, transferred the whole land to defendant---Plaintiffs claimed that they were entitled to 3/4th share of suit land as residue would come to them and filed suit for declaration in that respect---Trial Court dismissed the suit but Appellate Court decreed the same---Validity---Widow of deceased was treated as a limited owner by operation of law i.e. S.2 of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975 was entitled to 1/4th share in suit land---Widow having admitted to have alienated land to defendant, alienation to the extent of 1/4th share would remain intact in favour of said defendant---Residue 3/4 would vest in the plaintiffs being legal heirs of deceased. Nathe Khan v. Mst. Rahmat Bibi and others PLD 1961 (W.P.) BJ 96 ref. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 75---Documentary evidence---Document could not have been relied upon without providing an opportunity to opposite party to rebut the same. M. Zafar Chaudhry for Appellants. Amjad Pervaiz Malik for Respondents. Date of hearing: 16th July, 2008. JUDGMENT MAULVI ANWARUL HAQ, J.--- On 2-4-1986 the respondents filed a suit against the appellants. I may note here that Mst. Misri appellant No.1 died issueless during the pendency of this R.S.A. and the respondents are stated to be her L.Rs. Karam Ali appellant No.2 also died and is represented by his L.Rs. brought on record. According to the plaint, the last male owner of the suit-land, mentioned in the plaint, was Nagina son of Alia who died in village Sonkra, Tehsil and District Karnal before the independence of the country. The land was mutated in favour of his widow Mst. Misri as a limited owner. She…

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