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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Mst. ALAMOON KHATOON VS Respondent: MUHAMMAD KHAN And 7 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Rustam S. Sidhwa Title: Mst. ALAMOON KHATOON vs MUHAMMAD KHAN And 7 Other Case No.: Civil Petition for Leave to Appeal No. 529-R of 1989 R.S.A. No. 343 of 1979 Date of Judgment:1990-02-28 Reported As: 1991 SCMR 784 Result: Leave granted
Judgment ORDER MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought by the defendant in a suit for declaration regarding inheritance; against the dismissal by the High Court, of her Regular Second Appeal. The petitioner is daughter of Mst. Nurai who having been held only as a maintenance holder, right to inherit the property, has been denied to the petitioner. According to the learned counsel Mst. Nurai was a limited owner having been granted land on the death of her father-in-law; her own husband died prior thereto. Apart from the general question: whether, in the facts and circumstances of this case, Mst. Narai could at all be treated as only a maintenance holder and not a limited owner with all the consequences accordingly, learned counsel has relied on Mst. Sunar Begum v. Federal Government of Pakistan PLD 1988 FSC 1 to contend that there is no difference between the maintenance holder and a limited owner in the context of the present case. Learned counsel for the petitioner having given up the point regarding the controversy about Mst. Nurai being maintenance holder or limited owner, in the High Court; a further question would arise: whether, this would be a bar to the same being determined by this Court. Reference in this behalf can be made to the recent judgment of this Court Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 vis-a-vis, the protection of the rights of the females, these and other related questions including those of public policy would also require examination. Leave to appeal, accordingly, is granted. Security Rs.5, 000. The appeal shall be prepared on present record with direction to the parties to file all those documents, which shall be necessary for disposal thereof.