1989 PLP 1182 (SCMR)
GHULAM SHABIR and 2 others‑‑Petitioners Versus MUHAMMAD SHER and 8 others‑‑Respondents
| Citation | 1989 PLP 1182 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah and Ali Hussain Qazilbash, JJ |
| Parties | GHULAM SHABIR and 2 others‑‑Petitioners Versus MUHAMMAD SHER and 8 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 1989 PLP 1182 (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 1989 PLP 1182 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Ali Hussain Qazilbash, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 1182 (SCMR) (GHULAM SHABIR and 2 others‑‑Petitioners Versus MUHAMMAD SHER and 8 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nemo for Respondents.
- Date of hearing: 9th April, 1989.
- Muhammad Munir Paracha, Advocate Supreme Court with Ch. Akhtar Ali, Advocate‑on‑Record for the Petitioners.
Headnotes / Summary
(On appeal from the order, dated 9th December, 1988 of the Lahore High Court in Civil Revision No.377 of 1986). ‑‑‑S.2‑A [as added by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983), S.2‑‑Constitution of Pakistan (1973), Art. 185(3)‑‑Deceased died before promulgation of Shariat Application Law of 1948 leaving a son and daughter‑‑Property was mutated under custom in the name of son of the deceased exclusively who made a will of 1/3rd in favour of grandsons of one of his sisters‑‑On death of deceased's son in 1982 property was devolved on his heirs on the assumption that he alone was the successor to the property of his deceased father to the exclusion of his sister‑‑Contention that his sister should also be treated as having inherited the property as Muslim heir to her father under S.2‑A‑‑Leave to appeal was granted to re‑examine the entire question of devolution of the property of deceased father after his death. Abdul Ghafoor and others v. Muhammad Shafi and others P L D 1985 S C 407 and Hayat Muhammad and others v. Mst. Gulab Bano and others 1986 SCMR1539(2)rel. Muhammad Munir Paracha, Advocate Supreme Court with Ch. Akhtar Ali, Advocate‑on‑Record for the Petitioners.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the defendant side in a land inheritance case, against the dismissal by the High Court, of the petitioners' Civil Revision. The property belonged to one Abbas who died before the promulgation of the Shariat Application Law of 1948. He left a son and a daughter named Mangladah and Mst. Said Begum, respectively. The property was mutated under custom in the name of Mangladah exclusively who made a `will' of 1/3rd in favour of petitioners Nos.l and 2; who, are the grandsons of Mst. Said Begum. On Mangladah's death in 1982 the property has devolved on his heirs on the assumption that he alone was the successor to the property of Abbas, his father, to the exclusion of Said Begum, his sister. We have heard the learned counsel at some length. According to him Mst. Said Begum should also be treated as having inherited the property as Muslim heir to her father under section 2‑A of the Muslim Personal Law (Shariat) Application Act added by an amendment in 1983. He has relied on Abdul Ghafoor and others v. Muhammad Shafi and others (P L D 1985 S C 407) and Hayat Muhammad and others v. Mst. Gulab Bano and others (1986 S C M R 1539(2) at 1540). Prima facie, the argument advanced by the learned counsel finds support from the cited cases. Leave to appeal is granted to re‑examine the entire question of devolution of the property of Abbas after his death. Security Rs.5,
000. Appeal shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of appeal. M.BA./G‑184/S Leave granted.