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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Mst. BAKHAN (REPRESENTED BY HER LEGAL HEIRS) AND Another VS Respondent: MURAD
Court Name: Supreme Court of Pakistan Judge(s): Nasim Hasan Shah, M. S. H. Qureshi Title: Mst. BAKHAN (REPRESENTED BY HER LEGAL HEIRS) AND Another vs MURAD Case No.: Civil Petition for Special Leave to Appeal No. 781 of 1976 Date of Judgment:1982-03-21 Reported As: 1982 SCMR 765 Result: Leave granted
Judgment ORDER NASIM HASAN SHAH, J.-It is submitted that the learned Judge in the High Court, who passel the impugned judgment, has omitted to consider the judgment of a Division Bench of the same Court Mst. Begum v. Mst. Bai (PLD 1971 Lah. 567), wherein the point in dispute in this case had come up for consideration and the view taken therein was contrary to that expressed in the judgment impugned herein. In the precedent case the judgment of this Court in Ram Din v. Muhammad Din (PLD 1964 SC 842), was also duly considered and ratio of the precedent case fully applies in the circumstances of the present case. We have perused the judgment in the precedent case and it seems to support the assertion made before us by the learned counsel for the petitioners. Leave is, accordingly, granted to consider the question whether the proprietary rights acquired by a widow under the Colonization of Government Lands (Punjab) Act, 1912, can also be deemed, to have been terminated under section 3 of the West Pakistan Muslim Personal Law (Shariat) Application although the said provision in terms only terminates a imited estate under the Customary Law held by a Muslim female. Security in the sum of Rs. 2,000. Interim order passed on 17-12-1976 to continue meanwhile.
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