Mrs. Doreen Barkat Ram vs Custodian of Evacuee Property, West Pakistan — 1971 SCMR 387

Citation: 1971 SCMR 387

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-12-31

Headnotes

Case cited as 1971 SCMR 387

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Alvin R. Cornelius, Hamoodur Rahman, Fazal-e-Akbar, Dr. Sheikh Abdul JUDGMENT Reported As: 1971 SCMR 387 Result: Appeal dismissed Judgment JUDGMENT HAMOODUR RAHMAN, J.-This is a certificated appeal from the judgment and order of a Division Bench of the High Court of West Pakistan in a writ petition. The said writ petition was filed on the 4th of August 1960, by the respondent No. 1 herein for having the order passed by the Custodian of Evacuee Property, West Pakistan, on the 31st of May 1960, in the purported exercise of his review jurisdiction, quashed by a writ of certiorari and for the issuance of a writ of mandamus directing the Settlement authori--ties to give to the said respondent her 1/10th share in the joint family properties of her deceased husband, Mr. Barkat Ram, after partitioning the same. The deceased Barkat Ram was a grandson of the late Sir Ganga Ram and he along with his father Hari Ram and his three brothers Jesu Ram, Tej Ram and Shiv Ram constituted a Joint Hindu family. Barkat Ram married the respondent No. 1 under the Special Marriages Act of 1872 on the 10th of August 1945, but he died about a year later on the 29th of September 1946. After his death his widow, the respondent No. 1, on the 23rd of March 1947, filed a snit for the administra--tion of the property of her late husband. This suit was pending when the two dominions of Pakistan and India were set up and the father and bothers of Barkat Ram,…

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