MUHAMMAD AKIB PALI vs MADAD ALI AND 2 Other — 1972 PLD 433

Citation: 1972 PLD 433

Court: Sindh High Court

Year: 1971

Decision Date: 1971-04-30

Parties: MUHAMMAD AKIB PALI vs MADAD ALI AND 2 Other

Headnotes

Case cited as PLD 1972 Karachi 433

Judgment Text

Court Name: Sindh High Court Judge(s): Qadeer-ud-Din Ahmad, Agha Ali Haider Title: MUHAMMAD AKIB PALI vs MADAD ALI AND 2 Other Case No.: Second Appeal No. 184 of 1965 Date of Judgment:1971-04-30 Reported As: PLD 1972 Karachi 433 Result: Appeal dismissed JUDGMENT JUDGMENT QADEERUDDIN AntAD, C. J.-This second appeal is directed against the judgment of the first appellate Court, dated the 24th of April 1965, by which he dismissed the first appeal of present appellant. 2. The facts which form the background as stated by counsel for the appellant are that Sagho Pali died on the 3rd of Dec.-mber 1920 and left about 1635 acres of agricultural land, situated in Tharparkar District. He was a Hanafi Sunni Muslim; therefore, his inheritance is governtd by that law. He left a widow by the name of Pathan. There is no dispute about her right of inheritance and her share in the property left by her husband. Besides her, there was Madad Ali who claimed to be a cousin of Sagho Pali but his right was disputed by Muhammad Akib who also claimed to be a distant cousin of Sagho Pali; therefore, Madad Ali filed a suit for declaration that he was an heir of Sagho Pali and entitled to get a share from the property left by him. He impleaded as defendants the widow of Sagho Pali and Muhammad Akib. Counsel says that before written-statements were submitted, the management of the estate of Muhammad Akib was taken over by the Manager of Encumbered Estates who was impleaded as a defendant. He submitted…

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