1991 PLP 1335 (SCMR)
RAHIM BAKHSH and others — Petitioners Versus AHMAD BAKHSH and others — Respondents
| Citation | 1991 PLP 1335 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah |
| Parties | RAHIM BAKHSH and others — Petitioners Versus AHMAD BAKHSH and others — Respondents |
| Primary Law | Muhammadan Law |
Q1: What are the key laws and sections cited in 1991 PLP 1335 (SCMR)?
This judgment primarily cites: Muhammadan Law as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1335 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1335 (SCMR) (RAHIM BAKHSH and others — Petitioners Versus AHMAD BAKHSH and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Tanvir Ahmad, Advocate-on-Record for petitioners.
- Nemo for Respondents.
- Date of hearing 28th August, 1989.
Headnotes / Summary
(On appeal from the order of the Lahore High Court, Bahawalpur Bench, Bahawalpur, dated 6th July, 1986 in Civil Revision No.262/D of 1985).
Last male owner having died issueless, land left by him was mutated in favour of his wife with regard to her limited estate in that land and she before her death gifted away a portion of that land to petitioners who were her brothers
Petitioners contended that last male owner having died issueless, his widow was entitled to 1/4th share and not 1/8th as awarded by Courts below-- Ever if it was accepted that last male owner had two sons who died subsequently as contented by respondents, in that case besides inheriting 1/8th share, widow was also entitled to inherit 1/6th share as mother of two deceased sons of last male owner
Than, aspect of case having not been examined by all three Courts below, contention raised by petitioners required further examination
Leave to appeal was granted.
Judgment & Decree
Javaid Iqbal, J.
This petition for leave to appeal is directed against the order of the Lahore High Court, Bahawalpur Bench, Bahawalpur dated 6th July, 1986 whereby civil revision of the petitioners was dismissed. Briefly the facts are that one Allah Bakhsh whose collaterals are the respondents died and the two mutations of inheritance pertaining to the disputed land were sanctioned in favour of his widow Mst. Almo with regard to her limited estate in the said land. After about ten years she gifted away a portion thereof in favour of her two brothers i.e. predecessors‑in‑interest of the petitioners. Subsequently Mst. Almo died. The case of the petitioners was that Allah Bakhsh husband of Mst. Almo had died issueless and that therefore Mst. Almo was entitled to inherit 1/4th share and not 1/8th share as awarded by the Courts below. Originally the trial Court decreed the suit in favour of the respondents holding that only limited estate had been devolved upon Mst. Almo and that mutations of gift/inheritance were illegal against the rights of the respondents who were collaterals of Allah Bakhsh deceased. Mst. Almo was held to be entitled to only 1/8th share which could be inherited by her brothers. The appeal of the petitioners before the District Judge, failed. Thereafter their revision before the High Court was likewise dismissed as stated above. Hence the present petition. It is contended by learned counsel that even if it could be accepted that Allah Bakhsh had not died issueless and that he had two sons who died subsequently, in that case besides inheriting 1/8th share, she was also entitled to inherit 1/6th share as mother of the two deceased sons of Allah Bakhsh and that this aspect of the case has neither been examined by the trial Court nor by the appellate or even by the High Court. The contention raised by learned counsel requires further examination. Leave is therefore, granted in this case. Security to be deposited in the sum of Rs.5,
000. Status quo order passed on 22nd February, 1987 in this case to continue. H.B.T./R‑127/S Leave granted.