| Case ID |
0044bbc4-f482-401b-a4c1-beefc79b8407 |
| Body |
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| Case Number |
Second Appeal No. 277 of 1953 |
| Decision Date |
Mar 12, 1959 |
| Hearing Date |
|
| Decision |
The Lahore High Court decided that the alienation of ancestral property under agricultural custom is restricted. The court ruled that the gift made by Muhammad, a Jodhra Rajput, to his daughters was ineffectual against the rights of a reversioner. It emphasized that under the prevailing customs, a proprietor without male issue has limited powers to make gifts, and any gift made would have to be reasonable and in the presence of collateral heirs. The court further clarified that even the amendments in the Muslim Personal Law do not permit unrestricted alienation of ancestral land governed by agricultural customs. |
| Summary |
This case revolves around the restrictions on the alienation of ancestral property under the customs of the Jodhra Rajputs in Tallagang Tehsil, Attock District. The Lahore High Court examined the implications of the West Punjab Muslim Personal Law (Shariat) Application Act on the rights of property holders under agricultural custom. The court found that the general presumption is that powers of alienation are limited, especially regarding ancestral lands. It analyzed various judicial precedents and customary laws, ultimately concluding that gifts to daughters and a daughter's son were not valid against the rights of a reversioner. This case highlights the intersection of customary law and statutory amendments in property rights, emphasizing the enduring nature of agricultural customs in determining the power of alienation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
B. Z. Kaikaus,
Waheed-ud-Din Ahmad
|
| Lawyers |
M. B. Zaman,
Zia Ullah
|
| Petitioners |
ITBAR KHAN
|
| Respondents |
MOHAMMAD
|
| Citations |
1959 SLD 420 = 1959 PLD 364
|
| Other Citations |
Bashir Ahmad v. Muhammad P L D 1956 Lah. 934
|
| Laws Involved |
West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)
|
| Sections |
Not available
|