| Case ID |
f8a18802-2571-4a64-a330-cbf04d52b06d |
| Body |
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| Case Number |
Regular Second Appeal No. 161 of 1953 |
| Decision Date |
May 24, 1954 |
| Hearing Date |
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| Decision |
The Lahore High Court dismissed the appeal, concluding that the sale of land by the widow, Mst. Jani, was valid under Customary Law, despite a subsequent declaratory decree obtained by one of the reversioners. The court held that the consent given by a collateral, Shahinchi Khan, to the sale barred his descendants from claiming rights to the property after the widow's death. Therefore, the plaintiffs, as descendants of Shahinchi Khan, had no legal grounds to challenge the alienation or inherit the property. The ruling emphasized that the Customary Law prevails in matters of alienation, and the provisions of the Punjab Muslim Personal Law (Shariat) Application Act did not extend any greater rights to the Muslim Law heirs than those enjoyed by the reversioners themselves. |
| Summary |
The case revolves around a land sale made by a widow under Customary Law and the implications of consent given by a collateral. In 1942, Mst. Jani sold land inherited from her deceased husband Abdullah Ji. A collateral, Shahinchi Khan, consented to the sale, which later became the subject of a dispute when another collateral, Qalandar Khan, sought a declaration that the sale was not binding on the reversioners. The Lahore High Court ruled that the consent effectively barred any claim by Shahinchi Khan's descendants, who later sought possession after the widow's death. The decision underscores the importance of Customary Law in property transactions and the limitations imposed on reversioners regarding alienations consented to. This ruling is significant for legal practitioners dealing with inheritance and property law, particularly in contexts governed by Customary Law. Keywords include Customary Law, inheritance, property rights, Muslim Law, reversioners, alienation, and legal precedent. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
AKHLAQUE HUSAIN, J
|
| Lawyers |
Ghias Muhammad,
Said Akbar Khan
|
| Petitioners |
Mst. SHAHZADAN and others
|
| Respondents |
SHER AFZAL and others
|
| Citations |
1954 SLD 41,
1954 PLD 544
|
| Other Citations |
Muhammad Asghar Shah v. Muhammad Gul Sher Khan P L D 1949 Lah. 116,
AIR 1949 Lah. 14
|
| Laws Involved |
Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)
|
| Sections |
Not available
|