Syed GHULAM SHAH (REPRESENTED BY 7 HEIRS) vs Syed JAHANDAR SHAH — 1960 PLD 745

Citation: 1960 PLD 745

Court: Sindh High Court

Year: 1970

Decision Date: 1970-12-31

Parties: Syed GHULAM SHAH (REPRESENTED BY 7 HEIRS) vs Syed JAHANDAR SHAH JUDGMENT

Headnotes

Case cited as PLD 1960 Kar. 745

Judgment Text

Court Name: Sindh High Court Judge(s): Muhammad Ali Sayeed Title:Syed GHULAM SHAH (REPRESENTED BY 7 HEIRS) vs Syed JAHANDAR SHAH JUDGMENT Reported As: PLD 1971 Karachi 708 Result: Appeal accepted Judgment JUDGMENT On a suit brought by Syed Jahandar Shah, appellant Ghulam Shah's claim to an undivided-share in agricultural land on the basis of a gift was negatived by the learned Civil Judge, Second Class, Nawabshah by his judgment and decree dated 31-5-1962. An appeal there against by Ghulam Shah was dismissed by the learned Additional District Judge, Nawabshah, on 23-12-1963. This is a second appeal. Title to the disputed land flows from deceased Ali Akber Shah, a Shia Muslim who had two wives, Noor Begum and Khadija Banu. While Noor Begum bore Ali Akber Shah two sons Syed Jahandar Shah and Syed Sherali Shah, the other wife Khadija Banu was issueless. Noor Begum had predeceased her husband Ali Akbar Shah. On 16th August 1921 Ali Akber Shah executed and registered a gift of his agricultural lands situated in Dehs Mari Janallah Shah, Kandhra and Begmaji, Taluka Rohri. District Sukkur, in favour of his wife Khadija Banu. Two years after this gift, Ali Akber Shah died leaving behind his widow Khadija Banu and his sons Syed Jahandar Shah and Syed Sherali Shah through his deceased wife Noor Begum. Soon after his death the two sons filed a Suit (Suit No, 6 of 1923) to dispute the legal existence and validity of the gift made by their father in favour of Khadija Banu. While this…

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