1996 PLP 1535 (SCMR)
AGHA JAN and 3'others‑‑‑Petitioners Versus Mst. TAJ BIBI and 59 others‑‑‑Respondents
| Citation | 1996 PLP 1535 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Fazal Ilahi Khan, Manzoor Hussain Sial, |
| Parties | AGHA JAN and 3'others‑‑‑Petitioners Versus Mst. TAJ BIBI and 59 others‑‑‑Respondents |
Q1: What are the key laws and sections cited in 1996 PLP 1535 (SCMR)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1996 PLP 1535 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Fazal Ilahi Khan, Manzoor Hussain Sial,.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1996 PLP 1535 (SCMR) (AGHA JAN and 3'others‑‑‑Petitioners Versus Mst. TAJ BIBI and 59 others‑‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Zahoor Qureshi Azad, Advocate‑on‑Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 12th February, 1995
- Zahoor Qureshi Azad, Advocate-on-Record for Petitioners.
Headnotes / Summary
(On appeal from the judgment of Peshawar High. Court, Circuit Bench, _Abbottabad, dated 21‑7‑1994 passed in R.F.A. No.55/90). ' West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) ‑‑‑‑S. 3‑‑‑Custom‑‑‑Death of limited owner‑‑‑Mode of devolution of property‑‑ Leave to appeal was granted to consider whether on opening of inheritance of last male owner on the death of limited owner, property in question, was to revert back to last male owner and devolve on the heirs then alive at the time of death of last male owner in accordance with West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 which entitled plaintiffs to inherit share of predeceased son of last hale owner.
Judgment & Decree
FAZAL ILAHI KHAN, J.
Dispute is with regard to inheritance of Amir Ali, the last full owner, who died in the year 1920. His inheritance Mutation .No.912 was attested on 3-6-1920 in the names of Abdur Rehman 1/3rd, Misri Khan and Agha Jan sons of predeceased son of Amir Ali; namely, Sher Ahmad 1/3rd, and Mst. Bagai widow of Hassan Ali another pre deceased son of Amir Ali 1/3rd. Mst. Bagai remained as a life estate owner under the customary law prevailing at the time of the death of Amir Ali. The dispute arose in the year 1975 on the death of Mst. Bagai. Her inheritance mutation was attested on 31-1-1975 to the exclusion of Misri Khan and Agha Jan the sons of Sher Ahmed on the opening .of inheritance of Amir Ali which prompted them to file the present suit for declaration and in the alternative for possession of their share in the inheritance of Amir Ali under section 3 of the West Pakistan Muslim Personal Law (Shariat) Application Act being the children of Sher Ahmed predeceased sons of Amir Ali. The plaintiffs/petitioners' suit was dismissed and their appeal also stood dismissed by the learned High Court vide judgment dated 21-7-1994 against which leave to appeal is prayed for.
2. We have heard the learned counsel for the petitioners and perused the record. _It was contended by the learned counsel that on opening of the inheritance of Amir Ali on the death of Mst. Bagai, the limited owner, the property was to revert back to Amir Ali and devolve on the heirs then alive at A the time of death of Amir Ali in accordance with the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 which entitled the petitioners/ plaintiffs to inherit the share of Sher Ahmad son of Amir Ali. Leave is granted to consider the above contention. Status quo to be I maintained. A.A/A-1342/S Leave granted.