| Case ID |
37d96e2d-2ccb-46d1-8b55-f35de5cad835 |
| Body |
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| Case Number |
Civil Revision No. 73 of 1994 |
| Decision Date |
Jun 15, 1994 |
| Hearing Date |
Jun 05, 1994 |
| Decision |
The Lahore High Court dismissed the application to reject the plaint under Order VII, rule 11, C.P.C. The court found that the true status of the plaintiffs could not be ascertained without recording evidence. The case involved a dispute over land ownership where the plaintiffs claimed a share based on inheritance laws. The court emphasized the application of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, and its amendments, particularly sections pertaining to the rights of male and female heirs. The court ruled that the plaintiffs' suit was maintainable and required further adjudication. |
| Summary |
This case revolves around the application of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, regarding land inheritance rights. The plaintiffs, descendants of Mst. Karam Bibi, contested the ownership of land left by their ancestors, arguing that the male heirs were wrongfully granted absolute ownership under custom, while females were excluded. The court assessed the implications of sections 2-A, 3, and 5 of the law, determining that the life estate of Mst. Karam Bibi had terminated upon her death in 1923, leading to the absolute vesting of property in the last male owner. The court's decision highlights the complexities of inheritance laws under Sharia and custom, ensuring that claims were properly evaluated before any dismissal could occur. This case is significant for understanding property rights under Muslim law and the interplay between custom and statutory provisions in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
KHALIL-UR-REHMAN KHAN, J
|
| Lawyers |
Rana Muhammad Sarwar,
Ch. HamidudDin,
Azmat Saeed,
Jahangir A. Jhoja
|
| Petitioners |
others,
Malik FAQIR MUHAMMAD
|
| Respondents |
others,
Ch. GHULAM NABI
|
| Citations |
1994 SLD 1431 = 1994 CLC 1991
|
| Other Citations |
Abdul Ghafoor v. Muhammad Shafi PLD 1985 SC 407,
Suba v. Mst. Fatima Bibi 1992 SCMR 1721,
Muhammad Malak v. Mst. Rabia Bibi 1987 CLC 1201,
Abdullah v. Mst. Bakhto Mai PLD 1956 SC (Pak.) 321
|
| Laws Involved |
West Pakistan Muslim Personal Law (Shariat) Application Act, 1962,
Punjab Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance, 1983
|
| Sections |
2-A,
3,
5
|