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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: GHULAM SHABIR and 2 others VS Respondent: MUHAMMAD SHER and 8 others
Court Name: Supreme Court of Pakistan Judge(s): Ali Hussain Qazilbash, Muhammad Afzal Zullah Title: GHULAM SHABIR and 2 others vs MUHAMMAD SHER and 8 others Case No.: Civil Petition for Leave to Appeal No,43-R of 1988 Date of Judgment:1989-04-09 Reported As: 1989 SCMR 1182 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the defendant side in a land inheritance case, against the dismissal by the High Court, of the petitioners' Civil Revision. ' The property belonged to one Abbas who died before the promulgation of the Shariat Application Law of 1948. He left a son and a daughter named Mangladah and Mst. Said Begum, respectively. The property was mutated under custom in the name of Mangladah exclusively who made a 'will' of 1/3rd in favour of petitioners Nos.1 and 2; who, are the grandsons of Mst. Said Begum. On Mangladah's death in 1982 the property has devolved on his heirs on the assumption that he alone was the successor to the property of Abbas, his father, to the exclusion of Said Begum, his sister. ' We have heard the learned counsel at some length. According to him Mst. Said Begum should also be treated as having inherited the property as Muslim heir to her father under section 2-A of the Muslim Personal Law (Shariat) Application Act added by an amendment in 1983. He has relied on Abdul Ghafoor and others v. Muhammad Shafi and others (PLD 1985 SC 407) and Hayat Muhammad and others v. Mst. Gulab Bano and others (1986 SCMR 1539(2) at 1540). Prima facie, the argument advanced by the learned counsel finds support from the cited cases. Leave to appeal is granted to re-examine the entire question A of devolution of the property of Abbas after his death. ' Security Rs,5,000. ' Appeal shall be prepared on the present record with direction to the parties to file all additional documents which would be necessary for disposal of appeal.