| Case ID |
2e02321a-ec5d-42ac-a165-f7853c31997d |
| Body |
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| Case Number |
Civil Petition for Special Leave to Appeal No. 670 |
| Decision Date |
Sep 09, 1981 |
| Hearing Date |
Sep 09, 1981 |
| Decision |
The Supreme Court of Pakistan dismissed the petitioners' appeal, affirming the decisions of the lower courts. The court held that a family settlement made in 1933 was binding on the heirs, and the subsequent challenge to that arrangement was not valid under the West Punjab Muslim Personal Law (Shariat) Application Act, 1948. The court noted that the petitioners were estopped from contesting the alienation of property, as they had consented to the earlier arrangements. The findings of fact established by the trial court and upheld by the appellate courts were deemed to be free from legal infirmity, leading to the refusal of leave to appeal. |
| Summary |
This case revolves around a family settlement and the subsequent challenge to property alienation under the West Punjab Muslim Personal Law. The case emphasizes the binding nature of family arrangements made in 1933 and the inability of heirs to contest such arrangements retrospectively. The Supreme Court of Pakistan upheld the decisions of the lower courts, which had consistently found that the petitioners had consented to the earlier alienation of property. The judgment highlights the principles of estoppel in family law and the limitations of legal claims based on retrospective application of law. The court reaffirmed the importance of respecting family settlements and maintaining the integrity of agreements made by parties involved in property rights. This case serves as a critical reference for understanding family law and property rights in the context of Muslim personal law in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
SHAFIUR RAHMAN,
M.S.R. QURAISHI
|
| Lawyers |
Iftikhar Ahmad Dar, Advocate Supreme Court,
Hameed Aslam Qureshi, Advocate-on-Record
|
| Petitioners |
GHULAM RASUL KHAN,
Mst. Gaman
|
| Respondents |
Mst. JINDAN,
Mst. Bakhto
|
| Citations |
1986 SLD 616,
1986 SCMR 775
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973),
West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)
|
| Sections |
Art. 185(3)
|