2008 PLP 2030 (YLR)
WALI MUHAMMAD and 7 others — Petitioners Versus AMANULLAH BAJWA and 9 others — Respondents
| Citation | 2008 PLP 2030 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Maulvi Anwarul Haq, J |
| Parties | WALI MUHAMMAD and 7 others — Petitioners Versus AMANULLAH BAJWA and 9 others — Respondents |
| Primary Law | Islamic Law |
Q1: What are the key laws and sections cited in 2008 PLP 2030 (YLR)?
This judgment primarily cites: Islamic Law as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 2030 (YLR)?
The case was heard and decided by the Lahore bench comprising: Maulvi Anwarul Haq, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 2030 (YLR) (WALI MUHAMMAD and 7 others — Petitioners Versus AMANULLAH BAJWA and 9 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- ----Inheritance---Last male owner of property in dispute was survived by two daughters and widow collaterals---Grievance of petitioners was that shares of the property left by the deceased last owner had not been properly calculated as widow of deceased had been allocated 1/4th share, whereas in presence of two daughters of deceased, widow was to get 1/8th share---Counsel for respondents did not object to the correction of the share as was contended by the counsel for the petitioners---Two daughters would get 2/3rd share, while the widow would get 1/8th share and the share of the petitioners as residuary, would be 5/24---Order accordingly.
- Ch. Shah, Muhammad for Petitioners Nos.1 to 4 and 4-A.
- Malik Noor Muhammad Awan for Respondents Nos.5 to 15.
- Date of hearing: 30th, January, 2008.
- 2. Learned counsel for the petitioners has straightaway stated that his clients are aggrieved only of the fact that the shares have not been properly calculated inasmuch as Nawab Bibi widow of said Chirag has been allocated 1/4th share whereas in presence of daughters she was to get 1/8th share and this has resulted in reduction of the share of the petitioners as collaterals. Malik Noor Muhammad Awan, Advocate for the contesting respondents does not object to the correction of the share as being contended by the learned counsel for the petitioners.
Judgment & Decree
MAULVI ANWARUL HAQ, J.
For purposes of this order, pleaded facts need not to be stated in detail. Suffice it to say that Mst. Rehmat Bibi, predecessor-in- interest of respondents Nos.1 to 6 filed a suit against the petitioners and the remaining respondents stating that the last male owner of the suit land was Chirag who was survived by two daughters namely Mst. Rehmat Bibi, deceased' and Mst. Hussain Bibi predecessor-in-interests of respondents Nos.24 to
29. However, the petitioners managed to get a mutation of inheritance attested showing Chirag to be issueless. This suit was contested by the petitioners. The learned trial Court found that Mst. Rehmat Bibi and Mst. Hussain Bibi were the daughters of said Chirag but proceeded to dismiss the suit holding it to be barred by time. This was done vide judgment and decree dated 26-4-1997. A first appeal filed by the plaintiffs-respondents was allowed by ADJ Sheikhupura on 23-2-2001 who declared the plaintiffs' share as 9/24.
2. Learned counsel for the petitioners has straightaway stated that his clients are aggrieved only of the fact that the shares have not been properly calculated inasmuch as Nawab Bibi widow of said Chirag has been allocated 1/4th share whereas in presence of daughters she was to get 1/8th share and this has resulted in reduction of the share of the petitioners as collaterals. Malik Noor Muhammad Awan, Advocate for the contesting respondents does not object to the correction of the share as being contended by the learned counsel for the petitioners.
3. Admittedly Chirag was survived by two daughters and widow namely Mst. Nawab Bibi and the petitioners as collaterals. The two daughters would get 2/3 share while the widow would get 1/8th share and thus the share of the petitioners as residuary would be 5/24.
4. The C.R. is accordingly partly allowed and the judgment and decree dated 23-2-2001 of learned ADJ is modified inasmuch as the share of Mst. Rehmat Bibi, predecessor-in-interest of plaintiffs-respondents Nos.1 to 6 is declared as 19/48. Similarly Mst. Hussain Bibi, predecessor-in-interest of respondents Nos.24 to 29 would get 19/48 shares while 5/24 (or 10/48 share) would go to the petitioners as collaterals. Office to draw a decree sheet accordingly. No order as to costs. H.B.T./W-11/L Order accordingly.