| Case ID |
f63bb05e-0472-4def-b94f-3b05dacffade |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Special Leave to Appeal No. 107 |
| Decision Date |
Oct 25, 1980 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petition for special leave to appeal, holding that the petitioners, who claimed a share in the land based on their status as distant kindred of the propositus Nazir Ali, could not succeed against the residuary respondents. The court noted that the petitioners had failed to raise the pertinent factual question regarding the survival of Allah Diya, brother of Nazir Ali, at any prior departmental forum. Given the lack of authentic evidence to support their claims and the extensive delay in the proceedings, the court determined there was no legal justification for remanding the case. Thus, the petition was found to have no merit and was dismissed. |
| Summary |
This case revolves around a dispute regarding inheritance rights to land following the death of Nazir Ali. The petitioners, claiming to be heirs through their mother, Mst. Jaini, argued for a share against the respondents, who were categorized as residuary heirs. The Supreme Court emphasized the importance of procedural adherence, stating that the petitioners had not raised their crucial argument regarding the survival of a key relative in earlier hearings. This ruling underscores the need for timely and substantiated claims in legal proceedings. The court's dismissal of the appeal highlights the challenges faced by distant kindred in inheritance disputes, particularly in the absence of compelling evidence. Legal practitioners and heirs must understand the critical nature of presenting all relevant facts in a timely manner to avoid dismissal based on procedural grounds. The ruling serves as a significant precedent in inheritance law in Pakistan, particularly under the Constitution of Pakistan (1973). |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
KARAM ELAHEE CHAUHAN,
FAKHRUDDIN G. EBRAHIM
|
| Lawyers |
Hassan Ahmad Khan Kanwar,
S. Inayat Hussain Shah
|
| Petitioners |
others,
ABDUL MAJID
|
| Respondents |
OTHERS,
SHAMSHER ALI
|
| Citations |
1982 SLD 500,
1982 SCMR 858
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan (1973)
|
| Sections |
Arts. 185 (3)
|