1989SCMR96 (PLP)
ALLAH DIN — Petitioner Versus HABIB — Respondent
| Citation | 1989SCMR96 (PLP) |
| Forum / Court | ---As amended by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine whether-by virtue of Punjab Shariat Application Act (V of 1962) as amended by Ordinance (III of 1983) on death of predecessor-in-interest of the petitioner his estate would not be distributed in accordance with Muslim Law of Inheritance; and, what is the effect of respondent's adoption as a son by him in 1936; and further, as to what would be the effect of previous decree. |
| Bench Members | Muhammad Afza1 Zu11ah and Usman A1i Shah, JJ |
| Parties | ALLAH DIN — Petitioner Versus HABIB — Respondent |
| Primary Law | West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) |
Q1: What are the key laws and sections cited in 1989SCMR96 (PLP)?
This judgment primarily cites: West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989SCMR96 (PLP)?
The case was heard and decided by the ---As amended by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine whether-by virtue of Punjab Shariat Application Act (V of 1962) as amended by Ordinance (III of 1983) on death of predecessor-in-interest of the petitioner his estate would not be distributed in accordance with Muslim Law of Inheritance; and, what is the effect of respondent's adoption as a son by him in 1936; and further, as to what would be the effect of previous decree. bench comprising: Muhammad Afza1 Zu11ah and Usman A1i Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989SCMR96 (PLP) (ALLAH DIN — Petitioner Versus HABIB — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Maulvi Sirajul Haq, Advocate Supreme Court with MA. Siddiqui, Advocate-on-Record (absent) for Petitioner.
- Nemo for Respondent.
- Date of hearing: 16th October, 1988.
- Maulvi Sirajul Haq, Advocate Supreme Court with MA. Siddiqui, Advocate‑on‑Record (absent) for Petitioner.
Headnotes / Summary
(Against the Judgment and order of the Lahore High Court, Rawalpindi Bench, Rawalpindi, dated 10-11-1987 in RSA No. 683 of 1969).
[As amended by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)]--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal granted to examine whether-by virtue of Punjab Shariat Application Act (V of 1962) as amended by Ordinance (III of 1983) on death of predecessor-in-interest of the petitioner his estate would not be distributed in accordance with Muslim Law of Inheritance; and, what is the effect of respondent's adoption as a son by him in 1936; and further, as to what would be the effect of previous decree.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought in a land inheritance case, against the acceptance by the High Court of respondent's Regular Second Appeal. As stated by the learned counsel, the suit land belonged to Ranjha. By a registered deed Ranjha adopted Habib respondent as his son and transferred his property to him vide mutation dated 6‑6‑1946. The petitioner and another challenged the adoption and alienation through a suit which was partly decreed on 7‑1‑1947 on the basis of a compromise. Half the share of the property transferred to the respondent was allowed to remain with him. The suit regarding remaining half was decreed in favour of the petitioner (plaintiff). The learned counsel further stated that on the death of Ranjha, the petitioner and the other collaterals of Ranjha filed a suit for the recovery of possession of the suit land which had earlier been given to the petitioner. The respondent pleaded the bar of limitation as also denied the right of the plaintiffs to recover the land from him. The following issues were framed:‑‑ "(1) Whether the suit is time‑barred? (2) Whether the defendant has become the owner of the suit land through adverse possession? (3) Whether the plaintiff is estopped to bring the present suit? (4) Whether the plaintiff is an heir to Ranjha deceased? (5) Relief." The learned trial Court decreed the suit. The bar of limitation was held not applicable. The plea of adverse possession was abandoned. The petitioner was held to be entitled to the inheritance of Ranjha he being his nephew. The respondent's appeal was dismissed. The High Court, however, allowed the second appeal of the respondent. Therefore, this petition for leave to appeal. After hearing the learned counsel, we consider it a fit case to examine whether by virtue of Punjab Shariat Application Act V of 1962 as amended by the Ordinance XIII of 1983, on Ranjha's death, his estate would not be distributed in accordance with the Muslim Law of Inheritance, and, what is the effect of the respondent's adoption as a son by Ranjha in 1936; and further, as to what would be the effect of previous decree. Leave to appeal accordingly is granted. Security Rs.5,
000. MA.K./A‑364/S Leave granted.