Malik JIAND KHAN vs PROVINCE OF SIND — 1986 MLD 2128

Citation: 1986 MLD 2128

Court: Sindh High Court

Year: 1947

Decision Date: 1947-12-21

Parties: Malik JIAND KHAN vs PROVINCE OF SIND

Headnotes

Case cited as 1986 MLD 2128

Judgment Text

Court Name: Sindh High Court Judge(s): Tayabji Title: Malik JIAND KHAN vs PROVINCE OF SIND Case No.: Suit No,296 of 1941 Date of Judgment:1947-12-21 Reported As: 1986 MLD 2128 Result: Suit dismissed JUDGMENT JUDGMENT ' The plaintiff in this suit seeks a declaration that he is a legitimate son of Safar Khan; a paternal- uncle of Malik Bula Khan son of Dodakhan (the second Bula Khan), a first class Jagirdar holding extensive Jagir lands in the districts of Adu, Karachi and Hyderabad, who died on 22nd January, 1939. Malik Bula Khan was the last of a long line of Maliks who, as "gadinishins" or "pagdars" were entitled to certain lands and privileges and lived at Thano Bula Khan. The British conferred a Jagir on Malik Bula Khan son of Hyder Khan (the first Bula Khan) and under the terms of the grant the Jagir was to be regranted on the death of each Jagirdar to the senior lineal male descendant of the first grantee. The first Bula Khan died on 31st May, 1853. On the death of the second Bula Khan in 1939 the plaintiff claimed the Jagir as a son of Safar Khan, who was a grandson of the first grantee, there being no other lineal male descendant of the first grantee. It was, however, disputed that the plaintiff was a legitimate son of Safar Khan, although it was admitted that he was a son of Safar Khan by a woman named Hurmat. An inquiry was held by the Collector (Mr. Nur Nabi) under the Pensions Act of 1871, and on 23rd October, 1939, the Collector decided that the plaintiff,…

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