2009 PLP 1685 (CLD)

KHAWAJA NAVEED AHMED, J.

In this case, succession was granted by this Court in respect of cash and securities left by deceased Muhammad Nasir Javed, as per memo. of the petition. In the schedule of properties two amounts are mentioned towards compensation. One amount is to the tune of US$ 57,000 while the other is in respect of US$144,000 which according to the petitioner is payable by the owner of the ship, according to Merchant Shipping Ordinance, 2001. Since the petitioner was not able to arrange security and she has minor children, therefore, this Court by Order dated 17-12-2007 had directed the Nazir of this Court to collect both the amounts. The Nazir has written such letter to the owner of the ship whereafter Agha Faquir Muhammad Advocate has filed Vakalatnama on behalf of the owner. C.M.A. No.99 of 2008 under section 383 of the Succession Act, 1925, has been filed by the owner for revocation of succession certificate issued in favour of the petitioner. Notice of this application was given to the other side. Parties have filed counter affidavit and rejoinder to this application. I have heard both the learned counsel at length and have reached on the conclusion that as far as amount of US$ 57,000 is concerned, the same is not a disputed amount. As far as amount of US$ 144,000 is concerned, which is in respect of 48 months wages of the deceased master of the ship, the owner of the ship has disputed this amount. He stated that this amount is not payable by him because the deceased had joined his ship on 3-12-2006 and he has died on 6-4-2007. He has served only for four months and the owner submitted that the deceased has received US$ 15,000 and has also received salaries of four months. The learned counsel for the petitioner disputed this averment made by Agha Faquir Muhammad, Advocate for the objector/owner of the ship and stated that no proof has been filed regarding the alleged payment of advance as well as four months' salaries. Be that as it may, so far as the undisputed amount is concerned. It can be granted through SMA. However, if there is any contentious amount, the Civil Courts have powers to adjudicate upon the claims after recording evidence of both parties. In the present case, the learned counsel for the petitioner contended that according to section 127 of the Merchant Shipping Ordinance, 2001, the deceased was entitled to 48 months' salary. In my view, this petition under Succession Act is not proper forum to adjudicate the above issue. I hereby modify the order of this Court passed on 17-12-2007 and direct the Nazir to collect amount of US$ 57,000 from Messrs James Finally Limited and write a letter to them within three days from the date of receipt of this order. Agha Faquir Muhammad submitted that his client has no hesitation in making payment of US$ 57,000 with the Nazir of the Court. However, it will be open for the petitioner to file appropriate proceedings for recovery of US$144,000 before the proper forum in separate recovery proceedings. C.M.A. No.99 of 2008 stands disposed of in above terms. H.B.T./K-31/K Order accordingly.