1991 PLP 1507 (SCMR)
KHUDA BAKHSH and others — Petitioners Versus MUHAMMAD DIN and others — Respondents
| Citation | 1991 PLP 1507 (SCMR) |
| Forum / Court | ----S.2-A as added' by West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance (XIII of 1983)---Constitution of Pakistan (1973), S. Art.185(3)---Inheritance---Petitioners contended that allotment of land to a , widow which had been taken as a `grant' and inheritance of which had been allowed to her own heirs. was in fact in lieu of rights abandoned in India which were those of a "limited owner" until her marriage or demise and in event of which property was to go back to last male owner, that is to say, her husband and inheritance was to be sanctioned in favour of his heirs including widow-- Contention required consideration; leave to appeal was granted. |
| Bench Members | Abdul Shakurul Salam and Rustam S. Sidhwa, JJ |
| Parties | KHUDA BAKHSH and others — Petitioners Versus MUHAMMAD DIN and others — Respondents |
| Primary Law | West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) |
Q1: What are the key laws and sections cited in 1991 PLP 1507 (SCMR)?
This judgment primarily cites: West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 1507 (SCMR)?
The case was heard and decided by the ----S.2-A as added' by West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance (XIII of 1983)---Constitution of Pakistan (1973), S. Art.185(3)---Inheritance---Petitioners contended that allotment of land to a , widow which had been taken as a `grant' and inheritance of which had been allowed to her own heirs. was in fact in lieu of rights abandoned in India which were those of a "limited owner" until her marriage or demise and in event of which property was to go back to last male owner, that is to say, her husband and inheritance was to be sanctioned in favour of his heirs including widow-- Contention required consideration; leave to appeal was granted. bench comprising: Abdul Shakurul Salam and Rustam S. Sidhwa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1507 (SCMR) (KHUDA BAKHSH and others — Petitioners Versus MUHAMMAD DIN and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Hasan, Advocate Supreme Court for Petitioners.
- M. Aslam Ch. Advocate-on-Record for Respondents Nos. 1 and 2.
- Date of hearing: 30th January, 1990.
- M. Aslam Ch. Advocate‑on‑Record for Respondents Nos. 1 and 2.
Headnotes / Summary
(On appeal from the judgment and order dated 10-5-1987 of the Lahore High Court passed in Civil Revision No.1935-D/86).
S.2-A [as added' by West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance (XIII of 1983)]
Constitution of Pakistan (1973), S. Art.185(3)
Petitioners contended that allotment of land to a , widow which had been taken as a `grant' and inheritance of which had been allowed to her own heirs. was in fact in lieu of rights abandoned in India which were those of a "limited owner" until her marriage or demise and in event of which property was to go back to last male owner, that is to say, her husband and inheritance was to be sanctioned in favour of his heirs including widow-- Contention required consideration; leave to appeal was granted.
Judgment & Decree
ABDUL SHAKURUL SALAM, J.‑‑‑Petitioners seek leave to appeal on the contention that the land allotted to a widow has been taken as a "grant" and inheritance has been allowed to her own heirs in the impugned orders.
2. The submission of the learned counsel for the petitioners is that allotment to a widow is in lieu of rights abandoned in India which were in the circumstances those of a "limited owner", until marriage or demise in the event of which the property was to go back to the last male owner, that is to say, her husband and inheritance was to be sanctioned in favour of his heirs, including the widow.
3. Contention raised requires consideration. Leave is granted. Security in the sum of Rs.2,
000. Respondents shall not alienate the property in the meanwhile. Appeal to be processed on present record subject to filing additional documents by either party if so desired. H.B.T./K‑142/S Leave granted.