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Petitioner: KHUDA BAKHSH And Others VS Respondent: MUHAMMAD DIN And Other
Court Name: Supreme Court of Pakistan Judge(s): Abdul Shakurul Salam, Rustam S. Sidhwa Title: KHUDA BAKHSH And Others vs MUHAMMAD DIN And Other Case No.: Civil Petition No. 591 of 1987 Civil Revision No.1935-D/86 Date of Judgment:1990-01-30 Reported As: 1991 SCMR 1507 Result: Leave granted
Judgment ORDER ABDUL SHAKURUL SALAM, J.---Petitioners seek leave to appeal on the contention that the land allotted to a widow has been taken as a "grant" and inheritance has been allowed to her own heirs in the impugned orders. 2. The submission of the learned counsel for the petitioners is that allotment to a widow is in lieu of rights abandoned in India which were in the circumstances those of a "limited owner", until marriage or demise in the eventof which the property was to go back to the last male owner, that is to say, her husband and inheritance was to be sanctioned in favour of his heirs, including the widow. 3. Contention raised requires consideration. Leave is granted. Security in the sum of Rs.2,000. Respondents shall not alienate the property in the meanwhile. Appeal to be processed on present record subject to filing additional documents by either party if so desired.