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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Mst. MUSARRAT BIBI VS Respondent: MEHNDI KHAN and others
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Saad Saood Jan Title: Mst. MUSARRAT BIBI vs MEHNDI KHAN and others Case No.: Civil Petition No,696 of 1984 Date of Judgment:1988-09-07 Reported As: 1989 SCMR 1220 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant in a declaratory suit relating to inheritance against the dismissal by the High Court of her Regular Second Appeal. The respondents' suit was decreed and the petitioner's first and second appeal have been dismissed. 2. The controversy relates to the inheritance of one Fateh Muhammad who died in 1%7. The main question which remains to be resolved is whether the petitioner Mst. Musarrat Bibi is or is not the daughter of Fateh Muhammad. The case of the other side was that Fateh Muhammad having divorced the petitioner's mother, she had married one Mubarak. Therefore, she could not have been treated as daughter of Fateh Muhammad. 3. After carefully examining the value of the material led from both the sides in this behalf, we consider it a fit case to examine, inter alia, whether the A paternity of the petitioner has been correctly decided. The effect of Shah Nawaz v. Nawab Khan (PLD 1976 SC 767) as also the other questions arising in this petition, would require examination. We therefore, grant leave to appeal. ' Security Rs, 5,000. 4. The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents. Stay to continue.
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