1989 PLP 1220 (SCMR)
Mst. MUSARRAT BIBI‑‑Petitioner Versus MEHNDI KHAN and others Respondents
| Citation | 1989 PLP 1220 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Saad Saood Jan, JJ |
| Parties | Mst. MUSARRAT BIBI‑‑Petitioner Versus MEHNDI KHAN and others Respondents |
| Primary Law | Muhammadan Law‑ |
Q1: What are the key laws and sections cited in 1989 PLP 1220 (SCMR)?
This judgment primarily cites: Muhammadan Law‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 1220 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1220 (SCMR) (Mst. MUSARRAT BIBI‑‑Petitioner Versus MEHNDI KHAN and others Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- SA. Saeed, Advocate Supreme Court and S. Abid Nawaz, Advocate‑on- Record for Petitioner.
- Hamid Aslam Qureshi, Advocate‑on‑Record for Respondents Nos. 1 to3.
- Date of hearing: 7th September, 1988.
Headnotes / Summary
(Against the judgment and order of the Lahore High Court, Lahore, dated 25‑3‑1984 in R.S. A. No.854 of 1977). ‑‑‑ Constitution of Pakistan (1973), Art. 185(3)‑‑Inheritance‑‑Petitioner's claim to be the daughter of deceased and her entitlement to inheritance on that score decided against her by all the Courts below‑‑Leave to appeal was granted to examine, inter alia, whether the paternity of petitioner had been correctly decided‑‑Effect of Supreme Court decision in Shahnawaz's case reported as P L D 1976 S C 767, as also other questions arising in the petition also required examination.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by a defendant in a declaratory suit relating to inheritance against the dismissal by the High Court of her Regular Second Appeal. The respondents' suit was decreed and the petitioner's first and second appeal have been dismissed.
2. The controversy relates to the inheritance of one Fateh Muhammad who died in 1967. The main question which remains to be resolved is whether the petitioner Mst. Musarrat Bibi is or is not the daughter of Fateh Muhammad. The case of the other side was that Fateh Muhammad having divorced the petitioner's mother, she had married one Mubarak. Therefore, she could not have been treated as daughter of Fateh Muhammad.
3. After carefully examining the value' of the material led from both the sides in this behalf, we consider it a fit case to examine, inter alia, whether the paternity of the petitioner has been correctly decided. The effect of Shah Nawaz v. Nawab Khan (P L D 1976 S C 767) as also the other questions arising in this petition, would require examination. We therefore, grant leave to appeal. Security Rs. 5,000.
4. The appeal shall be prepared on the present' record with direction to the parties to file all necessary additional documents. Stay to continue. AA./M‑791/S Leave granted.