| Case ID |
2b547ea2-0485-452d-ac30-80c7654a7383 |
| Body |
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| Case Number |
Civil Petition for Leave to Appeal No. 217 R of 19 |
| Decision Date |
Oct 25, 1982 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for leave to appeal, affirming the Lahore High Court's ruling. The court found that the earlier compromise deed between the parties was superseded by the provisions of the Shariat Law of Inheritance enacted in 1962. The respondent, Mst. Shah Begum, had only a life interest in the property, which was deemed terminated under the new law. The court ruled that the respondent was entitled to her rightful share of inheritance as per the law, and the petitioner's claim of absolute ownership was unfounded. The ruling reinstated the respondent's rights to her share in the disputed land, emphasizing the necessity to comply with the Shariat Law. |
| Summary |
The case revolves around a dispute over land ownership and inheritance rights following the death of Karam Khan. The Supreme Court of Pakistan addressed the implications of the Specific Relief Act and the Shariat Law of Inheritance. The court ruled on the nature of the respondent's life interest in the land and clarified the effect of the 1962 law on previously established rights. The decision highlighted the importance of statutory law over customary agreements, emphasizing that the respondent was entitled to her rightful share of inheritance rather than just a maintenance allowance. This case is significant in understanding inheritance rights under Islamic law and the impact of legal reforms on customary practices. Keywords include inheritance rights, land ownership, Shariat Law, and legal reforms. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
SHAFI UR REHMAN,
MIAN BURHANUDDIN KHAN
|
| Lawyers |
Maulvi Sirajul Haq,
M. A. Bhatti,
Bashir H. Ansari,
Ch. Akhtar Ali
|
| Petitioners |
JAFFAR KHAN
|
| Respondents |
Mst. SHAH BEGUM
|
| Citations |
1983 SLD 220,
1983 SCMR 221
|
| Other Citations |
Not available
|
| Laws Involved |
Specific Relief Act (1 of 1877),
West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)
|
| Sections |
42,
3
|