| Case ID |
38ac645a-869a-4913-9889-a6783422df58 |
| Body |
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| Case Number |
Second Appeal No. 224 of 1955 |
| Decision Date |
Feb 26, 1958 |
| Hearing Date |
|
| Decision |
The appeals were dismissed as the court found that the last full owner of the property in question was Chughatta, who actually owned the property, rather than his pre-deceased son Mehdi. The court clarified that the rights of the heirs were based on the principle of representation under customary law. The judgment emphasized the importance of recognizing the actual ownership in determining succession rights, thereby upholding the decision of the lower appellate court. The appeals by both parties were dismissed with costs. |
| Summary |
This case revolves around the interpretation of the term 'last full owner' under the West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948). The Lahore High Court examined the succession rights of the heirs following the death of Chughatta, the last male holder of the property. The court determined that the rightful owner was Chughatta, despite the claims of his predeceased son Mehdi. The decision highlighted the significance of actual ownership in property disputes and the customary laws that govern inheritance among agriculturists. The court dismissed the appeals and reinforced the principles of representation and succession in Muslim law, ensuring that the rightful heirs receive their due share based on actual ownership rather than theoretical claims. This case is pivotal for understanding property rights and succession under the Shariat law, particularly in the context of Muslim inheritance laws. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AKHLAQUE HUSSAIN, J
|
| Lawyers |
Sheikh Muhammad Shafi,
Bashir Ahmad Mian
|
| Petitioners |
another,
Mst. AMIRAN
|
| Respondents |
2 others,
NADRA
|
| Citations |
1958 SLD 114,
1958 PLD 448
|
| Other Citations |
Mst. Gango v. Mst. Hukam Kaur A I R 1938 Lah. 111,
Mst. Fatima Bibi v. Nur Muhammad Shah P L D 1951 Lah. 147
|
| Laws Involved |
West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)
|
| Sections |
3
|