1987 PLP 2008 (SCMR)
MURAD‑‑Petitioner Versus KARAM and others‑‑Respondents
| Citation | 1987 PLP 2008 (SCMR) |
| Forum / Court | ‑‑‑S. 3 as amended by Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)‑‑Custom (Punjab‑‑Constitution of Pakistan (1.973), Art.185(3)‑‑Inheritance‑‑Limited estates held under custom terminated on enforcement of Act of 1962 as amended by Ordinance XIII of 1983‑‑Question of inheritance of estate of last male holder had to be decided in accordance with law and any gift if made had to be ignored‑‑Heirs of widow, whose life estate terminated, were entitled to get .the share which she would have obtained as Muslim Law heir from the inheritance of her deceased issueless husband‑‑Same result having been reached through impugned judgment no justification made out for interference‑‑Petition for leave to appeal dismissed.‑ Custom (Punjab). |
| Bench Members | Muhammad Afzal Zullah and Javid Iqbal, JJ |
| Parties | MURAD‑‑Petitioner Versus KARAM and others‑‑Respondents |
| Primary Law | West Pakistan Muslim Personal Law (Shariat) Application Act (VI of 1962)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 2008 (SCMR)?
This judgment primarily cites: West Pakistan Muslim Personal Law (Shariat) Application Act (VI of 1962)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 2008 (SCMR)?
The case was heard and decided by the ‑‑‑S. 3 as amended by Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)‑‑Custom (Punjab‑‑Constitution of Pakistan (1.973), Art.185(3)‑‑Inheritance‑‑Limited estates held under custom terminated on enforcement of Act of 1962 as amended by Ordinance XIII of 1983‑‑Question of inheritance of estate of last male holder had to be decided in accordance with law and any gift if made had to be ignored‑‑Heirs of widow, whose life estate terminated, were entitled to get .the share which she would have obtained as Muslim Law heir from the inheritance of her deceased issueless husband‑‑Same result having been reached through impugned judgment no justification made out for interference‑‑Petition for leave to appeal dismissed.‑ Custom (Punjab). 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: 1987 PLP 2008 (SCMR) (MURAD‑‑Petitioner Versus KARAM and others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sharif Hussain Bukhari, Advocate Supreme Court for Petitioner.
- Nemo for Respondents.
- Date of hearing: 25th January, 1987.
Headnotes / Summary
(From the judgment/order of the Lahore High Court, Lahore, dated 17‑11‑1979 passed in Civil Revision No.113 of 1978). ‑‑‑S. 3 [as amended by Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)]‑‑Custom (Punjab‑‑Constitution of Pakistan (1.973), Art.185(3)‑‑Inheritance‑‑Limited estates held under custom terminated on enforcement of Act of 1962 as amended by Ordinance XIII of 1983‑‑Question of inheritance of estate of last male holder had to be decided in accordance with law and any gift if made had to be ignored‑‑Heirs of widow, whose life estate terminated, were entitled to get .the share which she would have obtained as Muslim Law heir from the inheritance of her deceased issueless husband‑‑Same result having been reached through impugned judgment no justification made out for interference‑‑Petition for leave to appeal dismissed.‑ [Custom (Punjab)].
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought from judgment dated 17‑11‑1979 of the Lahore High Court whereby the petitioner's Civil Revision Petition arising out of a case of inheritance, was dismissed. It is not necessary to give the details of the entire litigation. Suffices it to note that Mst. Karam Bibi, paternal aunt of Murad petitioner was in possession, as limited owner, of the property left by Murad's paternal uncle Imam Din who died in 1934. Mst. Karam Bibi died in 1964. She had, however, in 1953 made a gift in favour of the petitioner; which was annulled in a reversioner's suit. After her death, it is stated by the learned counsel, her nephew Hakam respondent has succeeded in inheriting th share of Imam Din's property; which Karam Bibi would have inherited in the capacity of a widow as a Muslim Law heir. Learned counsel for the petitioner explained that Murad petitioner wants to retain only th share which would have been inherited by Karam Bibi as widow of Imam Din, on the basis that she made a gift in petitioner's favour. He, therefore, according to the learned counsel, has a preferential right against a Muslim Law heir of Karam Bibi, namely, Hakam respondent.
2. Learned counsel has not been able to satisfy us that Karam Bibi, a limited owner, had competently made a gift of the property in favour of the petitioner particularly so when in a reversioner's suit the petitioner had lost on this issue in the earlier litigation and he had not challenged the decree passed against him. Thereafter, the limited estates held under Custom ultimately terminated on the enforcement of the West Pakistan Muslim Personal Law (Shariat) Application Act (No. VI of 1962), as amended by Punjab Muslim Personal Law (Shariat) Act (Amendment Ordinance No. XIII) of 1983. The question of inheritance in so far as the estate of Imam Din was concerned had to be decided in accordance with the law and the gift had to be ignored. The heirs of Mst. Karam Bibi, whose life estate terminated, were entitled to get the share which she would 'have obtained as Muslim Law heir from the inheritance of her deceased issueless husband Imam Din. The same result having been reached through the impugned judgment, no justification has been made out for interference by this Court. This petition accordingly, is dismissed. S.Q./M‑192/2 Petition dismissed.