| Case ID |
086de885-e89d-4ff0-ab0b-ce97bd788a96 |
| Body |
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| Case Number |
Civil appeal No. 17 of 1959 |
| Decision Date |
May 18, 1961 |
| Hearing Date |
|
| Decision |
The Supreme Court upheld the decision of the High Court, which decreed the suit filed by the respondents. The court ruled that the plaintiffs, being the customary reversioners and Muslim Law heirs of Khair Din, had locus standi to challenge the gift made by their father. The court found that the Muslim Personal Law (Shariat) Application Act, 1948, did not transform a male proprietor's estate held under custom into a full Muslim Law estate. The court emphasized the need for clarity in the law regarding the powers of alienation held by a male proprietor, especially in relation to ancestral property. The decision reinforced the idea that customary rights should be respected unless explicitly altered by legislation. |
| Summary |
This case addresses the complexities surrounding the inheritance rights of sons under the Punjab Muslim Personal Law (Shariat) Application Act, 1948, and the implications of the 1951 amendment. The Supreme Court examined whether a father could gift away property to one son, thereby affecting the rights of his other sons. The court concluded that the plaintiffs had a valid claim as reversioners under both custom and Islamic law, emphasizing the importance of maintaining traditional rights until explicitly changed by law. This ruling is significant for understanding the interaction between customary law and statutory law in Pakistan, particularly in matters of property and inheritance. The decision highlights the ongoing relevance of customary practices in a legal framework increasingly influenced by Islamic law, offering insights into the dynamics of family law in Pakistan. The court's ruling serves as a precedent for future cases involving the alienation of ancestral property and the rights of heirs under both customary and Islamic law. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
A. R. CORNELIUS, C.J.,
S. A. RAHMAN,
FAZLE AKBAR,
HAMOODUR RAHMAN, JJ
|
| Lawyers |
Said Akbar Raja, Advocate Supreme Court, instructed by V. H. Naqvi Attorney for Appellants.,
Mahboob Elahi, Advocate Supreme Court, instructed by M. Bashir, Attorney for Respondents.
|
| Petitioners |
KHAIR DIN,
Nazar Husain
|
| Respondents |
MUHAMMAD HUSSAIN
|
| Citations |
1961 SLD 315,
1961 PLD 468
|
| Other Citations |
Bashir Ahmad v. Muhammad P L D 1956 Lah. 934,
Abdullah v. Bakhto Mai and others P L D 1956 S C (Pak.) 321,
Shahzadan Bibi v. Amir Hussain Shah P L D 1956 S C (Pak.) 227,
Muhammad Asghar Shah v. Muhammad Gulsher Khan and another P L D 1949 Lah. 116,
Milkha Singh v. Ram Kishen A I R 1934 Lah. 725,
Rehman v. Suraj Mal A I R 1945 Lah. 76,
Tara Singh v. Suraj Kaur A I R 1940 Lah. 416,
Ramji Lai v. Taj Ram 73 P R 1895,
Gujar v. Sham Das 107 P R 1887,
Sadhu Singh v. The Secretary of State for India 18 P R 1908,
Nathu v. Ralla A I R 1951 Pb. 445,
Gurbhag v. Lachhman A I R 1925 Lah. 341
|
| Laws Involved |
Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948),
Punjab Muslim Personal Law (Shariat) Application (Amendment) Act (XI of 1951)
|
| Sections |
5,
3
|