Mst. SARDARA AND Another vs HANIFULLAH AND 15 Other — 1970 SCMR 508

Citation: 1970 SCMR 508

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-03

Parties: Mst. SARDARA AND Another vs HANIFULLAH AND 15 Other

Headnotes

Case cited as 1970 SCMR 508

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: Mst. SARDARA AND Another vs HANIFULLAH AND 15 Other Case No.: Civil Petition for Special Leave to Appeal No. 28-P of 1970 Date of Judgment:1970-04-03 Reported As: 1970 SCMR 508 Result: Leave refused Judgment ORDER WAHIDUDDIN AHMAD, J.-The property in dispute is of Said Rehman's son of Lal Gul, who was the owner of agricultural land and residential property .Situate in village Matta Rustam Khel and Panjpao. On his death in the year 1932, his property was mutated in the name of his widow, Mst. Sahib Jamala. Mst. Sahib Jamala transferred the entice property inherited or received by her from her husband to the petitioners Mst. Sardara, were of Saifur Rahim and Amir Nawaz minor son of Saifur Rahim. Mst. Sahib Jamala died in the year 1958. On her death, the heirs of Abdur Rahim son of Lal Gul, except Saifur Rahim, instituted a suit for possession of 174/288 share out of this property belonging to Said Rahman against the petitioners. They contended that Mst. Sahib Jamala widow of Said Rahman was a limited owner under custom. She could not transfer the whole property to the petitioners. The heirs of Abdur Rahim also alleged that there was a family arrangement between Abdur Rahman, the other son of Lal Gul that the property of Said Rahman would go to heirs of Abdur Rahim and the property of Gul Rahman, the other son of Lal Gul, who had died issueless, would go to Abdur Rahman. The petitioners…

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