CLC 1981

1981 PLP 791 (CLC)

ABDUL SATTAR‑Appellant Versus MUHAMMAD KHAN ETC.‑Respondents

Jurisdiction / Court
Lahore
Decided Date
Regular Second Appeal No. 462 of 1975, decided on 5th March, 1981.
Honorable Judges
Munawwar Elahee Rana, J
Case Reference Summary (AEO Optimized)
Citation 1981 PLP 791 (CLC)
Forum / Court Lahore
Bench Members Munawwar Elahee Rana, J
Parties ABDUL SATTAR‑Appellant Versus MUHAMMAD KHAN ETC.‑Respondents
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1981 PLP 791 (CLC)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1981 PLP 791 (CLC)?

The case was heard and decided by the Lahore bench comprising: Munawwar Elahee Rana, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1981 PLP 791 (CLC) (ABDUL SATTAR‑Appellant Versus MUHAMMAD KHAN ETC.‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Representation

  • Malik Muhammad Nawaz for Appellant.
  • Sh. Zafar Iqbal for Respondents.
  • Date of hearing : 1st March, 1981.

Headnotes / Summary

(a) Muhammadan Law‑ ‑‑ Alienation of land inherited under Muslim Law‑Respondents' grandfather dying in Pakistan in 1963 after enforcement of West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)‑ Respondents' father and grandmother inheriting property under Muslim Law and mutation of inheritance sanctioned accordingly‑Held, father not governed by custom and at liberty to alienate property as full owner.‑[Custom (Punjab]. (b) Specific Relief Act (I of 1877)‑ ‑‑ S. 54‑Perpetual injunctionBreach of‑Collusive ex parte decree restraining respondents' father from alienating property without consider ation and legal necessity‑Alienee (appellant) not party to suit resulting in such decree‑‑Alienee (appellant), held, not bound nor does such decree invalidate sale although penal action might be taken against alienor.‑[Injunction]. Beli Ram & Brothers v. Ram Lall and others A I R 1925 Lah. 644 ref:

Judgment & Decree

(a) Muhammadan Law‑ ‑‑ Alienation of land inherited under Muslim Law‑Respondents' grandfather dying in Pakistan in 1963 after enforcement of West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)‑ Respondents' father and grandmother inheriting property under Muslim Law and mutation of inheritance sanctioned accordingly‑Held, father not governed by custom and at liberty to alienate property as full owner.‑[Custom (Punjab]. (b) Specific Relief Act (I of 1877)‑ ‑‑ S. 54‑Perpetual injunctionBreach of‑Collusive ex parte decree restraining respondents' father from alienating property without consider ation and legal necessity‑Alienee (appellant) not party to suit resulting in such decree‑‑Alienee (appellant), held, not bound nor does such decree invalidate sale although penal action might be taken against alienor.‑[Injunction]. Beli Ram & Brothers v. Ram Lall and others A I R 1925 Lah. 644 ref: Malik Muhammad Nawaz for Appellant. Sh. Zafar Iqbal for Respondents. Date of hearing : 1st March, 1981.