| Case ID |
464e57c7-213a-46d2-bcf8-54b35cd8fd54 |
| Body |
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| Case Number |
Regular Second Appeal No. 719 of 1971 |
| Decision Date |
May 08, 1993 |
| Hearing Date |
May 08, 1993 |
| Decision |
The court accepted the regular second appeal filed by Feroze Din and others, setting aside the judgments and decrees passed by the lower courts. The court concluded that Mst. Karim Begum's limited interest in the suit land had terminated under the West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962). The previous mutation attesting her as an absolute owner was incorrect, and the original mutation was revived. The respondents were ordered to bear the costs of the proceedings throughout. |
| Summary |
The case revolves around the inheritance rights of Mst. Karim Begum, the widow of Jalal Din, concerning agricultural land left in India. After the partition, she was allotted land in Pakistan in lieu of her husband's abandoned property. However, the authorities later attested a mutation stating she had only a limited interest, which she contested. The Lahore High Court ultimately ruled that her limited interest had terminated under the applicable law, reviving the original mutation that favored the deceased's brother, Feroze Din. This case highlights the complexities of inheritance laws under Muslim personal law, particularly the implications of limited ownership for widows and the impact of legislative changes on such rights. Keywords include inheritance rights, Muslim personal law, limited ownership, and widow's rights. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MIAN ALLAH NAWAZ, J
|
| Lawyers |
Syed Ali Raza for Appellants,
Iftikhar Shah for Respondents
|
| Petitioners |
FEROZE DIN and others
|
| Respondents |
AZMAT BIBI and others
|
| Citations |
1994 SLD 1069,
1994 CLC 1626
|
| Other Citations |
Sher Muhammad v. The Additional Rehabilitation Commissioner and 7 others PLD 1968 Lah. 234,
Addl. Settlement Commissioner v. Muhammad Shafi PLD 1971 SC 791
|
| Laws Involved |
West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)
|
| Sections |
3
|