| Case ID |
ffd6b47e-3feb-4661-a9ed-a27aaa94a716 |
| Body |
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| Case Number |
Regular Second Appeals Nos. 977 and 986 of 1979 |
| Decision Date |
Feb 07, 1981 |
| Hearing Date |
Jun 30, 1980 |
| Decision |
The Lahore High Court dismissed the appeal filed by the petitioners and upheld the findings of the lower courts that the petitioners, being Ahmadis, were non-Muslims and thus ineligible to inherit the property under the Islamic law. The court did not grant the declaration sought by the petitioners, as it would be ineffective given their status under the law. The court also found that the alienation of the property by Mst. Amina Bibi was valid under customary law, and the suit was barred by time. The decision emphasized that the constitutional amendments declaring Ahmadis as non-Muslims were declaratory in nature and operated retrospectively. |
| Summary |
In the case of Muhammad Ashraf and Fateh Ali versus Mst. Niamat Bibi and others, the Lahore High Court addressed the complex issues surrounding inheritance rights under Islamic and customary law. The case revolved around the petitioners' challenge to a gift of land made by Mst. Amina Bibi to the respondent, Mst. Niamat Bibi. The petitioners, who identified as Ahmadis, contended that the transaction was invalid under customary law as Mst. Amina Bibi was a limited owner. The court, however, upheld the lower courts' findings that the petitioners, being declared non-Muslims by constitutional amendments, were ineligible to inherit the property under Islamic law. The decision emphasized the retrospective nature of the constitutional amendments that declared Ahmadis as non-Muslims for purposes of law and constitution. The court also addressed the applicability of the West Pakistan Muslim Personal Law (Shariat) Application Act, recognizing that succession and inheritance matters are governed by Shariat law, which excludes non-Muslims from inheriting Muslim estates. The case highlights the intersection of constitutional provisions, religious beliefs, and customary practices in determining legal rights, particularly in matters of inheritance. The decision serves as a significant precedent in cases involving similar disputes over religious identity and legal entitlements under Pakistani law. |
| Court |
Lahore High Court
|
| Entities Involved |
MUHAMMAD ASHRAF,
Fateh Ali,
Mst. NIAMAT BIBI,
Mst. Amina Bibi
|
| Judges |
MUHAMMAD AFZAL LONE, J
|
| Lawyers |
Ch. Aziz Ahmad,
Aftab Iqbal Chaudhry,
Raja Said Akhar,
Mumtaz Ali Mirza
|
| Petitioners |
MUHAMMAD ASHRAF,
Fateh Ali
|
| Respondents |
others,
Mst. NIAMAT BIBI
|
| Citations |
1981 SLD 1525,
1981 PLD 520
|
| Other Citations |
Moula Bux v. Charuk and others P L D 1952 Sind 54,
Mrs. Aiyasha Koresh1 and another v. Hishmatullah, Koresh! and another P L D 1972 Kar. 653,
Agha Abdul Karim Shorish Kashmir! and others v. Province of West Pakistan P L D 1969 Lab. 289,
Abdur Rehman Mobashir and 3 others v. Syed Amir Ali Shah Bokharl and 4 others P L D 1978 Lab. 113,
Thiraj v. Emperor A I R 1929 Lab. 641,
Madho Singh v. James R. R. Skinner A I R 1942 Lab. 243,
Queen v. Kartich- Chunder Das I L R 14 Cal. 721,
Commissioner of Income-tax v. Mst. Khatija Begum P L D 1965 S C 472,
Ali Muhammad v. Mirza Muhammad Hussqin Beg P L D 1968 Lab. 712,
Niaz Ahmad Khan v. Province of Sind and others P L D 1977 Kar. 604,
Federation of Pakistan v. United Sugar Mills Limited P L D 1977 S C 397,
F. B. Ali v. The State P L D 1975 S C 506,
Farooq Leivers v. Adelaide Bridget Mary P L D 1958 Lab. 431,
Chidambaram v. Ma Nyefn Me and others A I R 1928 Rang. 179,
Pathana v. Mst. Wasi and another P L D 1965 S C 134,
Jones and another v. Bennett (1890) 63 L T 705,
Maxwell on Interpretation of Statutes, 10th Edn., p. 214,
Crates on Statute Law, 7th Edn., p. 586,
Mst. Fazal legum v. Hakim Ali A I R 1941 Lah. 22,
Sheaminatha v. Raman Natha A I R 1943 Lah. 573,
Mst. Rashid Bibi v. Tufail Muhammad A I R 1941 Lah. 291,
Faq1ra and others v. Mst. Ghulam Maryam A I R 1928 Lab. 117,
Ust. Bhagh Bhari v. Fateh Khan P L D 1960 Lah.1216,
Sardar Ahmad v. Pakistan P L D 1961 Kar. 232,
Mst. Sughran and another v. Rehmat Ali P L D 1965 Lah. 850,
Bishwanath Saran v. Mujtaba Husain A I R 1941 Oudh 442,
Muhammad Ismail v. Patna City Municipality A I R 1943 Pat. 34
|
| Laws Involved |
Civil Procedure Code (V of 1908),
Constitution of Pakistan (1973),
West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962),
Specific Relief Act (I of 1877)
|
| Sections |
S.9,
S.100,
S.11,
Art. 260(3),
S.2,
S.3,
S.42
|