1989 SCMR 1599 (PLP)
SADIQ ALI and another Petitioners Versus Mst. ASIA BIBI‑‑Respondent
| Citation | 1989 SCMR 1599 (PLP) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | SADIQ ALI and another Petitioners Versus Mst. ASIA BIBI‑‑Respondent |
| Primary Law | Muslim Family Laws Ordinance (VIII of 1961)‑ |
Q1: What are the key laws and sections cited in 1989 SCMR 1599 (PLP)?
This judgment primarily cites: Muslim Family Laws Ordinance (VIII of 1961)‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 SCMR 1599 (PLP)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Javid Iqbal, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 SCMR 1599 (PLP) (SADIQ ALI and another Petitioners Versus Mst. ASIA BIBI‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Rashid Chughtai, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi, Advocate‑on‑Record (absent) for Petitioners.
- Nemo for Respondent.
- Date of hearing: 15th August, 1988.
Headnotes / Summary
(On appeal from the judgment and order of the Lahore High Court, Multan Bench, Multan, dated 7th June, 1983 in Regular Second Appeal No.789 of 1975). ‑‑‑S.4‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Succession‑‑Concurrent findings of Courts below based on evidence that respondent was daughter of predeceased son, hence, entitled to inheritance‑‑No case for interference was made out‑‑Petition dismissed.
Judgment & Decree
‑‑‑S.4‑‑Constitution of Pakistan (1973), Art.185(3)‑‑Succession‑‑Concurrent findings of Courts below based on evidence that respondent was daughter of predeceased son, hence, entitled to inheritance‑‑No case for interference was made out‑‑Petition dismissed. Muhammad Rashid Chughtai, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi, Advocate‑on‑Record (absent) for Petitioners. Nemo for Respondent. Date of hearing: 15th August, 1988. JAVID IQBAL, J.‑‑This petition for leave is directed against the judgment of the Lahore High Court, Multan Bench. dated 7th June, 1983 whereby the Regular Second Appeal of the petitioners was dismissed. Briefly the facts are that the common ancestor of the parties namely Fareed died on 19th March, 1972. He had two sons namely Sadiq Ali petitioner and Khurshid (predeceased), and a daughter Mst. Imam Sain petitioner. The respondent Mst. Asia Bibi is daughter of Khurshid. On the death of Fareed, his estate devolved on the petitioners and consequently mutation to that effect was sanctioned on 3rd April, 1974. The respondent applied for review of that mutation on the ground that she was grand‑daughter of Fareed and therefore, entitled to inheritance from him. But her application was rejected by the Collector. She then brought a suit which was decreed. The judgment and decree in her favour were upheld by the appellate Court and subsequently Regular Second Appeal of the petitioners also failed. Hence the present petition. It was argued by learned counsel before us that the right created in favour of the respondent by the Muslim Family Laws Ordinance, did not create a forum where it could be claimed. But on being told that the civil Courts including the Supreme Court were the forum, he had nothing substantial to submit. The concurrent finding of the Courts below based on evidence on record is to the effect that the respondent is the daughter of the predeceased son of Fareed, and hence she is entitled to inheritance from him in accordance with the law. In the light of the above discussion no case is made out for interference. The petition is therefore, dismissed. M.A.K./S‑290/S Petition dismissed.