FAZAL AHMAD AND Another vs SHAH BEGUM AND Other — 1976 SCMR 30

Citation: 1976 SCMR 30

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-06-16

Parties: FAZAL AHMAD AND Another vs SHAH BEGUM AND Other

Headnotes

Case cited as 1976 SCMR 30

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Sheikh Anwarul Haq, Muhammad Gul, Muhammad Yaqub Ali Khan Title: FAZAL AHMAD AND Another vs SHAH BEGUM AND Other Case No.: Civil Appeal No. 60 of 1970 R. S. A. No. 313 of 1959 Date of Judgment:1970-06-16 Reported As: 1976 SCMR 30 Result: Appeal dismissed JUDGMENT JUDGMENT MUHAMMAD YAQUB ALI, J.-The facts giving rise to this appeal by special leave of the Court may first be stated thus. On 19th December 1955, Ali Ahmad, an issueless Jat made a gift to has sister, Mst. Shah Begum, of 39 kanals and 5 marlas situated in village Korla, Tehsil and District Jhelum. A suit was thereupon, filed by his brothers Fazal Ahmad and Sher Muhammad challenging the validity of tire gift on the; ground that the land being ancestral qua them, the gift was under custom, which governed by family of the donor and the plaintiffs in matters of succession and alienation, void and ineffective against their reversionary rights. Nek Alam, the fourth brother of the donor did not challenge the validity of the gift and was impleaded as pro forma defendant in the suit. The trial Judge decreed the suit but on appeal by the donor and the donee, the District Judge dismissed the suit can the finding that according to custom which prevailed among Jata of District Jhelum, a gift made to a sister by an issueless male owner was valid. Aggrieved by the dismissal of the suit, the plaintiffs filed a second appeal in the High Court which too was dismissed by a Division…

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