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2003 SCMR 1852

Mst. FATIMA vs MUHAMMAD HUSSAIN and others

Citation2003 SCMR 1852
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No,1839-L of 1999
Date2002-06-23
Judge(s)Mian Muhammad Ajmal, Tanvir Ahmed Khan
ResultPetition dismissed

1. ' TANVIR AHMED KHAN, J.---Leave to appeal. Is sought against the order dated 28-6-1999 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Civil Revision No,613-D of 1985 filed by the respondents was partly accepted setting aside the determinations of the two Courts below and allowing them 1/6th share in the suit-land.

2. ' The facts briefly narrated are that the respondents filed a declaratory suit claiming themselves as owners of the land in dispute to the extent of 16 Kanals, 6 Marlas out of the total land measuring 97 Kanals, 9 Marlas through inheritance. The petitioner defendant Mst. Fatima had a life estate in the said land based on custom. It was case of the respondents that upon the termination of such life estate and enactment of Muslim Personal Law (Shariat) Application Act, 1962, they became entitled to inherit 1/6th share of the land in dispute which belonged to Hasham as its last full owner. The above suit was resisted by the petitioner, the parties led their evidence and the learned Civil Judge, Mandi Bahauddin, admitted the case of the respondents on merits but non-suited them on the ground of limitation. The responder* filed an appeal against the above determination of the trial Court, which was dismissed by the learned Additional District Judge, Gujrat, through his judgment dated 20-1-1985. Civil Revision No,613-D of 1985 filed by the respondents before the Lahore High Court was accepted to the extent of 1/6th share by a learned Single Judge through the judgment dated 28-6-1999, impugned herein. Hence, this petition for leave to appeal.

3. Learned counsel for the petitioner has half-heartedly contended this matter. He has admitted that the respondents are legal heirs. All the Courts below have held the respondents entitled but non- suited them simply on the ground of limitation. The learned Single Judge of the Lahore High Court, after appreciating the entire record, has allowed the respondents their 1/6th share in the land in dispute. Learned counsel for the petitioner has failed to point out illegality or irregularity in the impugned judgment. The learned Single Judge of the Lahore High Court has given to the respondents their admitted legal share.

4. ' Resultantly, for what has been stated above, the instant petition being devoid of any force is dismissed and leave declined.

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