Mst. ANWAR SULTAN BEGUM AND Another vs THE STATE AND ANOTHERs — 1970 PCRLJ 100

Citation: 1970 PCRLJ 100

Court: Lahore High Court

Year: 1969

Decision Date: 1969-06-26

Parties: Mst. ANWAR SULTAN BEGUM AND Another vs THE STATE AND ANOTHERs

Headnotes

Case cited as 1970 PCRLJ 100

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: Mst. ANWAR SULTAN BEGUM AND Another vs THE STATE AND ANOTHERs Case No.: Criminal Revision No. 356 of 1969 Date of Judgment:1969-06-26 Reported As: 1970 P Cr. L J 100 Result: Petition allowed JUDGMENT JUDGMENT The facts giving rise to this Criminal Revision briefly are that about 30 years ago one Niaz Muhammad Khan, a landlord of village Kot Miran of Tehsil Hafizabad, District Gujranwala, allegedly absconded after having murdered his step-brother Muhammad Amin Khan and, consequently, proceedings under sections 87 and 88, Cr. P. C. Were taken against him. In pursuance of these proceedings, the share of Niaz Muhammad Khan absconder in the agricultural land was attached by an order of the Magistrate First Class, Gujranwala, dated 1-10-1941. Three objection petitions were preferred against this order, one by the present petitioner Mst. Anwar Sultan Begum wife of Niaz Muhammad Khan aforesaid, the other by his minor son Muhammad Javed Khan and the third by Sardar Khan, his brother. The position taken up by the present petitioner as also by her minor son before the learned Magistrate was that they were both entitled to maintenance out of the estate of the abscon--der, Niaz Muhammad. Khan. It was also contended on behalf of the minor that the property being ancestral in nature, the minor had an inherent interest in it even during the life-time of his f4ther, which could not be taken away- in pursuance of…

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