1990 PLP 305 (SCMR)
MUHAMMAD AZIM‑‑Petitioner Versus FAQIR BAKHSH and 23 others‑‑Respondents
| Citation | 1990 PLP 305 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Nasim Hasan Shah and Usman Ali Shah, JJ |
| Parties | MUHAMMAD AZIM‑‑Petitioner Versus FAQIR BAKHSH and 23 others‑‑Respondents |
| Primary Law | Muhammadan Law‑ |
Q1: What are the key laws and sections cited in 1990 PLP 305 (SCMR)?
This judgment primarily cites: Muhammadan Law‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1990 PLP 305 (SCMR)?
The case was heard and decided by the High Court bench comprising: Nasim Hasan Shah and Usman Ali Shah, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1990 PLP 305 (SCMR) (MUHAMMAD AZIM‑‑Petitioner Versus FAQIR BAKHSH and 23 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- P. Parwaiz Akhtar, Advocate Supreme Court and Manzoor Elahi, Advocate‑on‑Record for Petitioner.
- Nemo for Respondents.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Multan Bench, dated 30‑3‑1988, passed in Civil Revision No. 112 of 1978). ‑‑‑ Constitution of Pakistan (1973), Art. 185(3)‑‑‑Inheritance‑‑‑Leave to appeal granted to consider whether daughter of last male owner was entitled to have her share in his self‑acquired property where the parties were governed by Law of Shariat and not by Custom.
Judgment & Decree
P. Parwaiz Akhtar, Advocate Supreme Court and Manzoor Elahi, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 2nd July, 1989. USMAN ALI SHAH, J.‑‑The petition for leave to appeal by Muhammad Azim petitioner is directed against the judgment and order of the Lahore High Court, Multan Bench at Multan, dated 30‑3‑1988, arising out of a suit for possession through inheritance of the suit property measuring 20 kanals 4 marlas, details of which are given in the plaint, brought by plaintiffs/petitioner against the defendants/respondents, before the Senior Civil Judge, Dera Ghazi Khan, which was dismissed by the learned trial Judge on 30‑1‑1976. Appeal of the plaintiffs/petitioner before the District Judge D.G. Khan was accepted and vide his judgment dated 7‑6‑1978 set aside the judgment and decree passed by the trial Judge and the suit of the plaintiffs/petitioner was decreed in their favour as prayed for. Civil Revision against the appellate order, filed by the defendants/respondents before the Lahore High Court Multan Bench was accepted and the learned Single Judge vide his impugned judgment set aside the order and decree passed by the District Judge dated 7‑6‑1978 and restored that of the trial Court dated 30‑1‑1976 with the result that the original suit of the plaintiffs/petitioner was dismissed. After hearing the learned counsel in support of this petition and perusal of the record, we have observed that the disputed property, belonging to Bakhshu, the last male owner was self‑acquired property. Mst. Hori being his daughter was entitled to have her share in the same. The mutation Ex. D.4 produced by the petitioner while Exs.P.17, 18, 25 and 26 produced by the respondents clearly proved that the parties were governed by law of Shariat and not by Custom. The point involved in this case is of a public importance which needs consideration of this Court. Leave is granted subject to all just exceptions with regard to the limitation. Security is Rs. 5,
000. Appeal is to be made ready on the present record at an early date. However, the parties are at liberty‑to add additional documents, if any. M.A.K./M4018/S Leave granted.