P L D 1991 Supreme Court 727 (PLP)
IQBAL‑‑Petitioner Versus Mst. JINAN‑‑Respondent
| Citation | P L D 1991 Supreme Court 727 (PLP) |
| Forum / Court | |
| Bench Members | Single Bench |
| Parties | IQBAL‑‑Petitioner Versus Mst. JINAN‑‑Respondent |
Q1: What are the key laws and sections cited in P L D 1991 Supreme Court 727 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 1991 Supreme Court 727 (PLP)?
The case was heard and decided by the bench comprising: Honorable Judges.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 1991 Supreme Court 727 (PLP) (IQBAL‑‑Petitioner Versus Mst. JINAN‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Sardar Mohabbat Ali Dogar, Advocate Supreme Court and Mahmood A. Qureshi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 22nd April, 1991
Headnotes / Summary
(On appeal from the judgment dated 15‑12‑1990 of the Lahore High Court, Lahore, in Civil Revision No.2234 of 1990). Constitution of Pakistan (1973)‑‑ ‑‑‑‑ Art. 185(3) ‑‑‑ Petition for leave to appeal‑‑‑Ownership of property‑‑‑'Petitioner had obtained or was attempting to obtain the property which belonged to his sisters which were several in number including the respondent ‑‑‑ Several ups and downs had happened in the will of the sisters to resist the claim of the petitioner ‑‑‑ Petitioner had perhaps succeeded in what could be treated as grabbing the property or at least depriving his other sisters of their due share on one or the other pretext ‑‑‑ Petition though was dismissed on merits and as time‑barred but Supreme Court in Ghulam Ali v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC. 1 having laid down certain conditions regarding transactions between male and female, close Muslim relations, regarding ownership of property and its surrender/alienation inter se and case of other sisters being not before the Supreme Court, by way of abundant caution, in view of certain consequential observations made by Supreme Court in the said case of Ghulam Ali, considered it fit and proper for doing complete justice to refer the question of property dealings between the petitioner and his sisters inter se to the Legal Aid Department of the Pakistan Bar Council for research/advice to any concerned person and/or for further legal action, if necessary and result of these investigations was ordered to be sent to the Supreme Court. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi and 2 others PLD 1990 SC 1 ref.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, C.J.‑‑‑This petition for leave to appeal is barred by time. It is dismissed accordingly. However, it is observed that before it was noticed that the petition is time‑barred we had heard the learned counsel for the petitioner on merits in support of this petition and were unable to discover any infirmity, legal or otherwise in the impugned judgment. Thus there is no case on merits either. During the hearing of the petition it transpired that the petitioner had obtained or even now is attempting to obtain the property which belongs to his sisters including the respondent. They are several in number. It seems there have been several ups and down in the will of the sisters to resist the claim of the petitioner. We questioned his learned counsel. He has perhaps succeeded in what could be treated as grabbing the property or at least depriving his other sisters of their due share on one or the other pretext. This Court has in a recent judgment Ghulam Ali and 2 others v. Mst. Ghulain SaTwar Naqvi and 2 others PLD 1990 Supreme Court 1: laid down certain conditions regarding transactions between male and female, close Muslim relations, regarding ownership of property and its surrender/alienation inter se. The case of the other sisters is not before us in this matter. By way of abundant caution, in view of certain consequential observations made in the case of Mst. Ghulam Sarwar Naqvi, we consider it fit and proper for doing complete justicie to refer the question of property dealings between the petitioner and his sisters inter se, to the Legal Aid Department of the Pakistan Bar Council for research/advice to any concerned person and/or for further legal action, if necessary. The result of these investigations shall be sent to this Court. M.B.A./I‑143/S order accordingly.