2012 PLP 72 (SCMR)
Mst. FATIMA BIBI — Petitioner Versus PROVINCE OF PUNJAB through District Officer Revenue, Gujrat and others — Respondents
| Citation | 2012 PLP 72 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mahmood Akhtar Shahid Siddiqui and Asif Saeed Khan Khosa, JJ |
| Parties | Mst. FATIMA BIBI — Petitioner Versus PROVINCE OF PUNJAB through District Officer Revenue, Gujrat 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 2012 PLP 72 (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 2012 PLP 72 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mahmood Akhtar Shahid Siddiqui and Asif Saeed Khan Khosa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 72 (SCMR) (Mst. FATIMA BIBI — Petitioner Versus PROVINCE OF PUNJAB through District Officer Revenue, Gujrat and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing: 20th May, 2011.
Headnotes / Summary
(On appeal from the order dated 3-6-2009 of the Lahore High Court, Lahore passed in Civil Revision No. 300 of 2009).
S. 2
Civil Procedure Code (V of 1908), S.11
Constitution of Pakistan, Art. 185(3)
Inheritance under Islamic Law
Death of "K" in year 1940 leaving behind a widow, a son, four daughters and two daughters from pre-deceased wife
Sanctioning of inheritance mutation in favour of only son (died issueless in year 1978) excluding all other legal heirs of deceased "K"
Supreme Court granted leave to appeal to consider questions as to whether estate of "K" after enforcement of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 should have been mutated in favour of all his legal heirs according to Islamic Law of Inheritance; whether petitioner along with her three real sisters were also entitled to inherit 2/3rd share out of inheritance of their real brother, who died issueless; and whether principle of res judicata had been wrongly applied in the present case in view of law laid down by Supreme Court in case of Muhammad Saleem Ullah v. Additional District Judge, Gujranwala and others (PLD-2005-SC-511). Muhammad Sharif son of Petitioner.
Judgment & Decree
MAHMOOD AKHTAR SHAHID SIDDIQUI, J.
The petitioner Mst. Fatima Bibi seeks leave to appeal against the judgment dated 3-6-2009 passed by the Lahore High Court, Lahore in Civil Revision No.300 of 2009.
2. The dispute relates to the inheritance of one Kallu who died in the year 1940 leaving behind 445 Kanals and 2 Marlas of land in Mouza Thapla, Tehsil Kharian District, Gujrat which was mutated in favour of Kallu's only son Allah Ditta under the custom through Mutation No. 118 dated 5-4-1940 to the exclusion of all other legal heirs who were otherwise entitled to inherit the property under the Muslim Law as shown in the following pedigree table:-- 2(sic.) It is submitted that after the enforcement of the Muslim Personal Law (Shariat) Application Act, 1962, Kallu instead of Allah Ditta should have been treated as last full owner and his estate should have been mutated in favour of all the six daughters including the petitioner, one son Allah Ditta and widow Mst. Sharaf Bibi of Kallu. It is further submitted that after the death of Allah Ditta in the year 1978, the petitioner and her three real sisters namely, Mst. Amina Bibi, Mst. Alam Bibi and Mst. Sakina Bibi were again entitled to 2/3 share out of the inheritance of Allah Ditta, who died issueless. Lastly, it has been argued that the principle of res judicata in the circumstances of the case is not attracted.
3. The above contentions raised by the petitioner need serious consideration, therefore, we consider it just and proper to grant leave to appeal to consider the following questions:-- (1) Whether the estate of Kallu, after the enforcement of the Muslim Personal Law (Shariat) Application Act, 1962 should have been mutated in favour of all the legal heirs of Kallu including the petitioner, according to Muslim Law of Inheritance. (2) Whether the petitioner along with her three real sisters, namely, Mst. Amina Bibi, Mst. Alam Bibi and Mst. Sakina Bibi were also entitled to inherit 3/2 share out of the inheritance of Allah Ditta, who died issueless. (3) Whether the principle of res judicata has been wrongly applied in this case in view of the law laid down by this Court in the case of Muhammad Saleem Ullah v. Additional District Judge, Gujranwala and others (PLD 2005 SC 511). In the meanwhile, status quo shall be maintained. S.A.K./F-15/SC Leave granted.