AMINUL HAQ vs Mst. MUSTAWARA Etc.S — 1972 SCMR 594

Citation: 1972 SCMR 594

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: AMINUL HAQ vs Mst. MUSTAWARA Etc.S

Headnotes

Case cited as 1972 SCMR 594

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): N/A Title: AMINUL HAQ vs Mst. MUSTAWARA Etc.S Case No.: Civil Petition for Special Leave to Appeal No. 24-P of 1972 Date of Judgment:- Reported As: 1972 SCMR 594 Result: Leave refused Judgment ORDER ANWARUL HAQ, 1.-This petition for special leave to appeal is directed against the judgment and decree of a Division Bench of the High Court at Peshawar, whereby an appeal filed by the present petitioner, Aminul Haq, under Clause 10 of the Letters Patent, against the order of a learned Single Judge of that Court was dismissed. The litigation between the parties concerned 1/6 share in the property of Saifullah the paternal grand-father of the petitioner. By a will made on the 26th of January 1919, the late Saifullah bequeathed his property among his children, including the respondent Mst. Muntaha, who was a widow of his pre-deceased son IlAtiaaullah. He died in 1922 and on 11-3-1922 mutation of his inheritance a bearing No. 7941 was 19237Mst. Muntaha got 1./6 share in the entire property. On the 28th of March 1953, she gifted her entire share is favour of her brother Sher A.I. The validity of the gift was challenged by the present petitioner, Aminul Haq, on the ground that Mst. Muntaha was only entitled to maintenance for life and, therefore, the alienation made by her by way of gift was ineffective as against the rights of the plaintiff in the property of his grand--father. In the alternative he prayed for a declaration to the…

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