AKBAR vs SADIQ AND 15 Other — 1972 SCMR 23

Citation: 1972 SCMR 23

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-23

Parties: AKBAR vs SADIQ AND 15 Other

Headnotes

Case cited as 1972 SCMR 23

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: AKBAR vs SADIQ AND 15 Other Case No.: Civil Appeal No. 205 of 1970 L. P. A. No. 125 of 1969 Date of Judgment:1971-12-23 Reported As: 1972 SCMR 23 Result: Appeal allowed JUDGMENT JUDGMENT WAHEEDUDDIN AHMAD, J.-This appeal by special leave is directed against the judgment of the former High Court of West Pakistan, Lahore, in L. P. A. No. 125 of 1969, dated the 1st April 1969. By this judgment, the appeal was dismissed in limine. One Khuda Bakhsh, who died on the 27th June 1956, was a refugee right-holder and was allotted land in Chak No. 251/EB, Tehsil Pakpattan, District Sahiwal. Khuda Bakhsh had three sons and one daughter, namely, Abdul, Fatta, Bin Yamin and Mst. Parsan. Abdul died in the lifetime of the deceased. The appellant is the son of Abdul, a pre-deceased son of Khuda Bakhsh. After the death of Khuda Bakhsh, mutation of inheri--tance was sanctioned by the Assistant Rehabilitation Commissioner on the 31st August 1956 and the appellant was also given a share. This order was maintained by the Deputy Settlement Commissioner and the appeal was dismissed on the 19th March 1960. This order was challenged in revision before the Addi--tional Settlement Commissioner, who, by order dated the 23rd February 1961, held that the question of succession to Khuda Bakhsh was to be decided in accordance with the principles of Shariyat Law and the appellant being a son…

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