Pakistan Case Lawโ† Search
1990 SCMR 305

MUHAMMAD AZIM vs FAQIR BAKHSH and 23 others

Citation1990 SCMR 305
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 367-R of 1988
Date1989-07-02
Judge(s)Nasim Hasan Shah, Syed Usman Ali Shah
ResultLeave granted

ORDER

1. ' USMAN ALI SHAH, J.--The petition for leave to appeal by Muhammad Azim petitioner is directed against the judgment and order of the Lahore High Court, Multan Bench at Multan, dated 30-3- 1988, arising out of a suit for possession through inheritance of the suit property measuring 20 kanals 4 marlas, details of which are given in the plaint, brought by plaintiffs/petitioner against the defendants/respondents, before the Senior Civil Judge, Dera Ghazi Khan, which was dismissed by the learned trial Judge on 30-1-1976. Appeal of the plaintiffs/petitioner before the District Judge D.G.

2. Khan was accepted and vide his judgment dated 7-6-1978 set aside the judgment and decree passed by the trial Judge and the suit of the plaintiffs/petitioner was decreed in their favour as prayed for. Civil Revision against the appellate order, filed by the defendants/respondents before the Lahore High Court Multan Bench was accepted and the learned Single Judge vide his impugned judgment set aside the order and decree passed by the District Judge dated 7-6-1978 and restored that of the trial Court dated 30-1-1976 with the result that the original suit of the plaintiffs/petitioner was dismissed.

3. After hearing the learned counsel in support of this petition and perusal of the record, we have observed that the disputed property, belonging to Bakhshu, the last male owner was self-acquired property. Mst. Hori being his daughter was entitled to have her share in the same. The mutation Ex.

4. D.4 produced by the petitioner while Exs.P.17, 18, 25 and 26 produced by the respondents clearly proved that the parties were governed by law of Shariat and not by Custom. The point involved in this case is of a public importance which needs consideration of this Court. Leave is granted subject to all just exceptions with regard to the limitation.

5. ' Security is Rs, 5,000.

6. ' Appeal is to be made ready on the present record at an early date. However, the parties are at liberty to add additional documents, if any.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch