1991 PLP 784 (SCMR)
Mst. ALAMOON KHATOON- Petitioner Versus MUHAMMAD KHAN and 7 others — Respondents
| Citation | 1991 PLP 784 (SCMR) |
| Forum / Court | ----S. 2-A added by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983)---Constitution of Pakistan (1973), Art. 185(3) inheritance---Protection of the rights of female maintenance holder or limited owner regarding inheritance and other related questions including those of public policy requiring examination in the case---Leave to appeal was granted. |
| Bench Members | Muhammad Afzal Zullah, C.J. and |
| Parties | Mst. ALAMOON KHATOON- Petitioner Versus MUHAMMAD KHAN and 7 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 1991 PLP 784 (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 1991 PLP 784 (SCMR)?
The case was heard and decided by the ----S. 2-A added by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983)---Constitution of Pakistan (1973), Art. 185(3) inheritance---Protection of the rights of female maintenance holder or limited owner regarding inheritance and other related questions including those of public policy requiring examination in the case---Leave to appeal was granted. bench comprising: Muhammad Afzal Zullah, C.J. and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 784 (SCMR) (Mst. ALAMOON KHATOON- Petitioner Versus MUHAMMAD KHAN and 7 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Hafiz S. A. Rehman, Advocate Supreme Court and Manzoor Ilahi, Advocate-on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 28th February, 1990.
- Hafiz S. A. Rehman, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment dated 4-7-1989 of the Lahore High Court, Lahore in R.S.A. No. 343 of 1979).
S. 2-A [added by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983)]
Constitution of Pakistan (1973), Art. 185(3) inheritance
Protection of the rights of female maintenance holder or limited owner regarding inheritance and other related questions including those of public policy requiring examination in the case
Leave to appeal was granted. Mst. Sunar Begum v. Federal Government of Pakistan PLD 1988 FSC 1 and Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 ref.
Judgment & Decree
Mst. Sunar Begum v. Federal Government of Pakistan PLD 1988 FSC 1 and Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 ref. Hafiz S. A. Rehman, Advocate Supreme Court and Manzoor Ilahi, Advocate‑on‑Record for Petitioner. Nemo for Respondents. Date of hearing: 28th February, 1990. MUHAMMAD AFZAL ZULLAH, C.J.‑‑‑Leave to appeal has been sought by the defendant in a suit for declaration regarding inheritance; against the dismissal by the High Court, of her Regular Second Appeal. The petitioner is daughter of Mst. Nurai who having been held only as a maintenance holder, right to inherit the property, has been denied to the petitioner. According to the learned counsel Mst. Nurai was a limited owner having been granted land on the death of her father‑in‑law; her own husband died prior thereto. Apart from the general question: whether, in the facts and circumstances of this case, Mst. Narai could at all be treated as only a maintenance holder and not a limited owner with all the consequences accordingly, learned counsel has relied on Mst. Sunar Begum v. Federal Government of Pakistan P L D 1988 FSC 1 to contend that there is no difference between the maintenance holder and a limited owner in the context of the present case. Learned counsel for the petitioner having given up the point regarding the controversy about Mst. Nurai being maintenance holder or limited owner, in the High Court; a further question would arise: whether, this would be a bar to the same being determined by this Court. Reference in this behalf can be made to the recent judgment of this Court Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 vis‑a‑vis, the protection of the rights of the females, these and other related questions including those of public policy would also require examination. Leave to appeal, accordingly, is granted. Security Rs.5,
000. The appeal shall be prepared on present record with direction to the parties to file all those documents, which shall be necessary for disposal thereof. H.B.T./A‑727/S Leave granted.