ZIL MUHAMMAD AND 3 Others vs Mst. HAYAT BIBI AND 2 Other — 1971 SCMR 514

Citation: 1971 SCMR 514

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-11

Parties: ZIL MUHAMMAD AND 3 Others vs Mst. HAYAT BIBI AND 2 Other

Headnotes

Case cited as 1971 SCMR 514

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: ZIL MUHAMMAD AND 3 Others vs Mst. HAYAT BIBI AND 2 Other Case No.: Civil Appeal No. 208 of 1969 Date of Judgment:1971-06-11 Reported As: 1971 SCMR 514 Result: order accordingly JUDGMENT JUDGMENT SAJJAD AHMAD, J.-The dispute in this appeal, by special leave, relates to half share in a land measuring 59 -- kanals, situated in Khacharpur Chak No. 41/N. B., Tehsil Sargodha, the whole of which was originally held in occupancy rights by the predecessor-in-title of the parties, named Bakha, under the Colonization of Government Lands Act, 1912. On Bakha's death, the tenancy devolved on his two sons, Saleh and Muhammad, in equal shares. On the latter's death in 1932, his half share of the tenancy was mutated in favour of his widow, Mst. Bhawan, and subsequently on her death in the year 1544, it devolved on his unmarried daughter, respondent Mst. Hayat Bibi, under the customary law, and she was thus entitled to retain it till her marriage or death. It appears that inheritance mutation No. 393 (Exh. P. 6) was sanctioned in favour of Mst. Hayat Bibi, about three months after her marriage, which, vide the copy of entry of the Nikahregister (Exh. P. 1), took place on the 16th of May 1944. Saleh, the uncle of Mst. Hayat Bibi, who died during the pendency of the litigation, and is represented by the present appellants, brought a suit on the 2nd of September 1957, for a declaration that he was…

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