AYUB KHAN vs Mst. BALQEES BEGUM — 1972 PLD 686

Citation: 1972 PLD 686

Court: Lahore High Court

Year: 1971

Decision Date: 1971-12-06

Parties: AYUB KHAN vs Mst. BALQEES BEGUM

Headnotes

Case cited as PLD 1972 Lahore 686

Judgment Text

Court Name: Lahore High Court Judge(s): Aftab Hussain Title: AYUB KHAN vs Mst. BALQEES BEGUM Case No.: Civil Revision Case No. 480 of 1966 Writ Petition No. 476 of 1960 Date of Judgment:1971-12-06 Reported As: PLD 1972 Lahore 686 Result: Petition accepted JUDGMENT JUDGMENT 173 kanals 5 marlas of land in Walipur Boora, Tehsil Shakargarh, Dictrict Sialkot, was confirmed to Rahim Dad on Khata No. 18 of RL. II of that village on 13th December 1952 vide Exh. P. 2. The allottee Rahim Dad died on 21st June 1963 and it appears from copy of the mutation No. 243&, (Exh. P. 1) that the name of Rahim Dad was shown in the revenue record in the ownership column which means that he must have paid all the rehabilitation fee and other dues and had either become vested with the property or at least was a confirmed allottee of the land allotted to him. After the death of Rahim Dad, mutation No. 2438 was attested on 30th September 1963 by an Assistant Collector II Grade and half of the property was mutated in the name of the petitioner as a residuary of the deceased, he being a brother's-- son, and the rest half was mutated to the name of the respondent who is daughter of the deceased. The respondent filed an appeal against this order on the ground that Rahim Dad, deceased, was a Shia and according to Shia Law the daughter was entitled to the whole of the property. The Collector accepted this apdeal: and held the respondent only to be entitled to inherit the property of her father who was…

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