1987 PLP 579 (CLC)

3. It was contended by learned counsel for the petitioners that the land in dispute would devolve upon the heirs of Moamla under Muslim Law on the assumption that he had died in 1952/1953 when the death of Mst. Ambah had taken place. According to him, since Ibrahim had expired before the death of Mst. Ambah, he or his legal heirs would not be entitled to have any share in the land of Moamla. In this connection, reliance was placed by him on paragraphs 46 and 46‑A of the West Pakistan Rehabilitation Settlement Scheme.

4. In reply to arguments addressed by learned c9unsel for the petitioners, it was submitted by learned counsel for the reespondents that according to paragraph 46‑A of the said Scheme land in dispute would devolve upon the heirs of Moamla who would have inherited his property at the time of his death if Muslim Law had been applicable at that time and since at that time his heirs were Mst. Ambah, Mst. Chhoti, Ibrahim and Chand Mal, they would get his land in the following shares:‑ Mst., Ambah 1/8 Mst. Chhoti 1/2 Ibrahim 3/1 _ Chand Mal 3/16 According to them, since Ibrahim had died before the death of Mst. Ambah, his heirs at the time of death of Mst. Ambah would get his share. There is no dispute on the point that at the time of death of A Mst. Ambah, Mst. Waziri, Mst. Sarsan and Chand Mal were the only heirs of Ibrahim under t:he Muslim Law. The submission of learned counsel for the respondents was that Mst. Waziri, Mst. Sarsan and Chand Mal would have 1/8th, one‑half, and 3/8th shares respectively, in the land of the share of Ibrahim (3/16th share) in the land left by Moamla. It was also submitted by learned counsel for the respondent that on the death of Mst. Ambah, her 1/8th share in the land left by Moamla would go to her daughter, namely, Mst. Chhoti as she was the only heir left by Mst. Am bah. Learned counsel for the petitioner also did not dispute the proposition that Mst.Ambah did not leave any heir other than Mst. Chhoti. Thus, according to learned counsel for the respondents, Mst. Chhoti would have 5/8th share in the land left by Moamla i.e. her own one‑half share as daughter of Moamla plus 1/8th share of her mother, Mst. Ambah.

5. Arguments advanced by learned counsel for the respondents Are supported by the language of paragraph 46‑A of the said Scheme therefore, agree with them and hold that the land left by Moamla will devolve upon his following heirs in the shares given against each:‑ Mst. Chhoti 5/8 (her own one‑half share as daughter of Moamla, together with 1/8th share of her mother, Mst. Ambah). Chand Mal 33/128 (his own share i.e. 3/16th as collateral of Moamla together with his share i.e. 9/128th as an heir of Ibrahim). Mst. Waziri 3/128 (as widow of Ibrahim). Mst. Sarsan 3/32 (as daughter of Ibrahim). Mutation No. 24 regarding the inheritance of Moamla and orders passed by respondents Nos. 7 to 9 are modified accordingly.

6. The writ petition is accepted to the extent of above modifications, with no orders as to costs. H.B.T./603/L Order accordingly.