Case ID |
4190dffe-b969-4b96-9abe-d47f6f663b36 |
Body |
View case body. Login to View |
Case Number |
Civil Revision No.142 of 2013/BWP |
Decision Date |
Sep 10, 2013 |
Hearing Date |
|
Decision |
The Lahore High Court dismissed the revision petition filed by the petitioners challenging the decrees passed by the lower courts. The court found that the concurrent findings of facts by the lower courts could not be overturned without demonstrating that they were perverse or arbitrary. The court emphasized that the applicable law at the time of the inheritance was the Muslim Family Laws Ordinance, despite the Federal Shariat Court's earlier ruling declaring part of it un-Islamic. The court ruled that the petitioners could not base their claims on the suspended judgment of the Federal Shariat Court, and thus upheld the lower courts' decisions regarding the entitlement of the legal heirs to inherit the estate. |
Summary |
This case revolves around the interpretation of inheritance laws under the Specific Relief Act and the Muslim Family Laws Ordinance in Pakistan. The Lahore High Court examined the validity of a revision petition challenging previous judgments regarding inheritance rights. The court reaffirmed the importance of adhering to the law applicable at the time of the inheritance and clarified that concurrent findings of fact by lower courts are not to be disturbed lightly. Legal representation was provided by prominent lawyers, emphasizing the complexities surrounding family law in Islamic jurisprudence. The ruling underscores the necessity for clarity in legal interpretations and the adherence to established laws over suspended judgments, making it a pivotal case for future inheritance disputes within Muslim families. Key terms include inheritance rights, Muslim Family Laws Ordinance, legal heirs, and judicial review. |
Court |
Lahore High Court
|
Entities Involved |
Not available
|
Judges |
SHUJAAT ALI KHAN, J
|
Lawyers |
Malik Muhammad Aslam,
Mian Faiz ul Hassan
|
Petitioners |
others,
JAMSHAID ALI KHAN
|
Respondents |
another,
GHULAM SAYED
|
Citations |
2014 SLD 1372 = 2014 YLR 301
|
Other Citations |
Allah Rakha and others v. Federation of Pakistan and others PLD 2000 FSC 1,
Muhammad Farooq through L.Rs. and others v. Muhammad Hussain and others 2013 SCMR 225,
Muhammad Idrees and others v. Muhammad Pervaiz and others 2010 SCMR 5
|
Laws Involved |
Specific Relief Act (I of 1877),
Muslim Family Laws Ordinance (VIII of 1961),
Civil Procedure Code (V of 1908)
|
Sections |
42,
4,
115
|