| Case ID |
168b23e4-fabb-4a01-b6d2-2359ab6c759f |
| Body |
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| Case Number |
Civil Appeal No. 138 of 1974 |
| Decision Date |
Apr 02, 1984 |
| Hearing Date |
Apr 02, 1984 |
| Decision |
The appeal was dismissed by the Supreme Court of Pakistan. The court upheld the findings of the Lahore High Court, which had previously concluded that the execution of the will was not proved. The judgment emphasized that questions regarding the deceased's mental state at the time of the will's execution were irrelevant since the will itself was not established. The appellate court reiterated that matters of fact and evidence appreciation were not within its purview in a second appeal, thereby affirming the trial court's and appellate court's decisions. Consequently, the decision of the Lahore High Court to dismiss the appeal was maintained, with no orders regarding costs. |
| Summary |
In the case of Aman Ullah Shah vs. Muhammad Sharif Shah, the Supreme Court of Pakistan addressed the validity of a will made by Muhammad Ibrahim Shah. The appellant claimed ownership of a one-third share of the land based on the will, which was contested by the respondents who alleged that the will was forged and that the deceased was not of sound mind when it was executed. The courts found that the execution of the will was not proved, which led to the dismissal of the appeal. The case highlights the importance of establishing the validity of a will and the challenges that arise in disputes over property inheritance. Keywords such as 'will validity', 'inheritance disputes', and 'Supreme Court rulings' are relevant for understanding the implications of this case in legal contexts. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
ABDUL KADIR SHAIKH,
S. A. NUSRAT,
M.S.H. QURAISHI
|
| Lawyers |
Munir A. Sheikh, Advocate Supreme Court,
Ch. Altaf Hussain, Advocate Supreme Court
|
| Petitioners |
AMAN ULLAH SHAH
|
| Respondents |
MUHAMMAD SHARIF SHAH
|
| Citations |
1984 SLD 877,
1984 SCMR 1292
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
Civil Procedure Code (V of 1908)
|
| Sections |
Art.185(3),
5.100
|