1981 PLP 766 (CLC)
Mst. HALEEMA AND ANOTHER‑‑Appellants Versus SATTAR MUHAMMAD AND 2 OTHERS‑Respondents
| Citation | 1981 PLP 766 (CLC) |
| Forum / Court | Azad J & K |
| Bench Members | Sardar Muhammad Sharif Khan, Actg. C J |
| Parties | Mst. HALEEMA AND ANOTHER‑‑Appellants Versus SATTAR MUHAMMAD AND 2 OTHERS‑Respondents |
Q1: What are the key laws and sections cited in 1981 PLP 766 (CLC)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1981 PLP 766 (CLC)?
The case was heard and decided by the Azad J & K bench comprising: Sardar Muhammad Sharif Khan, Actg. C J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1981 PLP 766 (CLC) (Mst. HALEEMA AND ANOTHER‑‑Appellants Versus SATTAR MUHAMMAD AND 2 OTHERS‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- S. Sardar Khan for Appellant.
- Raja Sher Muhammad Khan for Respondents.
Headnotes / Summary
(a) Civil Procedure Code (V of 1908)‑ ‑‑ S. 100‑Second appeal‑Concurrent finding of fact‑Cannot be disturbed in second appeal‑[Finding of fact]. (b) Muhammadan Law‑‑ ‑‑ Inheritance‑Deceased leaving wife and a sister‑Death occurring on 14‑8‑50 hence inheritance to be governed by Shariat Law and not by custom‑Courts below failing to determine actual share of sister of deceased and also not caring to see that deceased had also a wife and that share of widow bad to be excluded from consideration while allow ing portion of property to sister and cousin‑Held: After subtracting 1/4th of property as widow's share remaining property to be apportioned between sister and cousin of deceased and thence parties through them to have their due share according to law of inheritance. Date of institution 2 22nd February, 1979.
Judgment & Decree
(a) Civil Procedure Code (V of 1908)‑ ‑‑ S. 100‑Second appeal‑Concurrent finding of fact‑Cannot be disturbed in second appeal‑[Finding of fact]. (b) Muhammadan Law‑‑ ‑‑ Inheritance‑Deceased leaving wife and a sister‑Death occurring on 14‑8‑50 hence inheritance to be governed by Shariat Law and not by custom‑Courts below failing to determine actual share of sister of deceased and also not caring to see that deceased had also a wife and that share of widow bad to be excluded from consideration while allow ing portion of property to sister and cousin‑Held: After subtracting 1/4th of property as widow's share remaining property to be apportioned between sister and cousin of deceased and thence parties through them to have their due share according to law of inheritance. S. Sardar Khan for Appellant. Raja Sher Muhammad Khan for Respondents. Date of institution 2 22nd February, 1979.