| Case ID |
512c6095-8a59-4732-be54-0846027ce60d |
| Body |
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| Case Number |
C.P. S-743 of 2002 |
| Decision Date |
Oct 01, 2004 |
| Hearing Date |
Sep 15, 2004 |
| Decision |
The High Court allowed the Constitutional petition filed by the petitioners, Mst. Husan Bano and others, setting aside the concurrent orders of the two lower courts. The petitioners, who were the wife, sons, and daughters of the deceased original owner, were granted the right to be joined as parties in the ejectment case initiated by the respondent, Wali Dad Khan. The court found that the respondent could not claim to have been granted Letters of Administration as required under the Succession Act, 1925, because he failed to execute the necessary Administration Bond. Thus, the petitioners' application to be joined in the case was allowed for a just resolution. |
| Summary |
The case revolves around the procedural aspects of Letters of Administration under the Succession Act, 1925, where the petitioners sought to be included in an ejectment case. The Sindh High Court determined that the respondent had not properly established his claim to Letters of Administration, as the required Administration Bond was not executed. This case highlights critical issues regarding the rights of heirs in succession matters and emphasizes the importance of following legal procedures in estate administration. The ruling reinforces the legal principle that all parties with potential interests must be considered in proceedings affecting property rights. As such, it serves as a significant reference for similar future cases, ensuring that legal standards are upheld in succession and property disputes. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
AZIZULLAH M. MEMON, J
|
| Lawyers |
Muhammad Sharif,
Rizwan Ahmed Siddiqui
|
| Petitioners |
Mst. HUSAN BANG,
Sons and Daughters of the deceased original owner
|
| Respondents |
WALI DAD KHAN and others
|
| Citations |
2005 SLD 1298,
2005 CLC 1057
|
| Other Citations |
1987 CLC 262,
AIR 1957 Madhy Bharat 31,
AIR 1938 Rang 67,
AIR 1953 Cal. 606
|
| Laws Involved |
Succession Act, 1925,
Civil Procedure Code, 1908,
Constitution of Pakistan, 1973
|
| Sections |
290,
291,
O.I, R.10,
Art.199
|