1. ' FAISAL ARAB, J.---Learned counsel for the appellant states that at the time of his death deceased Shaikh Mujeebur Rehman, husband of the appellant, was residing at Karachi, who had left movable and immovable properties at Karachi as well as at Lahore. Earlier a Succession Miscellaneous Application for grant of Succession Certificate was filed at Karachi which was granted. However, the application for grant of Letters of Administration for immovable property left by the said deceased at Lahore was dismissed by the learned Vth Additional District Judge, Karachi South, on the ground that the property in question is situated at Lahore and the appellant should approach the Court having jurisdiction.
2. Learned counsel for the appellant states that under section 371 of the Succession Act, 1925, jurisdiction lies with the Court where the deceased ordinary resided. In the present case Succession Certificate has already been granted by the Court at Karachi, which establishes that the deceased resided at Karachi at the time of his death. Therefore, there was no justification for the learned Vth Additional District Judge, Karachi South to dismiss the application for grant of Letters of Administration in respect of the property left by the deceased at Lahore.
3. ' In the circumstances, the appeal is allowed and the impugned order date 18-5-2009 is set aside.
4. The learned Vth Additional District Judge, Karachi South is directed to proceed with matter accordingly.