Nawab Mir Habibullah Khan vs Mir Baluch Khan and others — 1972 PLD 84

Citation: 1972 PLD 84

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Headnotes

Case cited as PLD 1972 Supreme Court 84

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan, Muhammad JUDGMENT Reported As: PLD 1972 Supreme Court 84 Result: A. Judgment JUDGMENT MUHAMMAD YAQUB ALI, J.-These appeals arise out of several Civil Suits filed by the respondents for possession by partition of their shares fn the movable and immovable properties left by their ancestors Sardar Mir Nauroz Khan and his son Sardar Mir Yaqub Khan, the erstwhile Rulers of the defunct State of Kharan. In the suits filed up to the end of 1958 Nawab Mir Habibullah Khan, the last Ruler of Kharan, was impleaded as the sole defendant. He put in appearance only in three suits and confessed judgment in favour of the plaintiffs. In the other suits he was served, but did not put in appearance. Ex parte proceedings were eventually taken against him. In the remaining suits filed after the demise of Nawab Mir Habibullah Khan, his nineteen sons and daughters and a widow were impleaded as defendants. Of these heirs Mir Baluch Khan, Mir Ali Ahmad Khan, Mir Muhammad Tahir Khan, Mir Ghaus Bakhsh Khan and their sisters Bibi Mahal, Bibi Rahm Bibi and their mother Bibi Gulatoon alone contested the suits. It was maintained by them that the properties claimed in the suits belonged to Nawab Mir Habibullah Khan and the plaintiffs had no shares in them. The other sons and daughters of Nawab Mir Habibullah Khan including Nawab Mir Gaulam Mustafa Khan Nausherwani did not controvert the plaintiffs' claim.…

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