ALI MUHAMMAD vs Mst. RABIA BIBI AND 3 OTHERS — 1964 PLD 842

Citation: 1964 PLD 842

Court: Baghdad-ul-Jadid

Year: 1971

Decision Date: 1971-04-22

Parties: ALI MUHAMMAD vs Mst. RABIA BIBI AND 3 OTHERS

Headnotes

Case cited as PLD 1964 SC 842

Judgment Text

Court Name: Baghdad-ul-Jadid Judge(s): M. S. H. Qureshi, Anwar-ul-Haq Title: ALI MUHAMMAD vs Mst. RABIA BIBI AND 3 OTHERS Case No.: Regular Second Appeal No, 42 of 1971/(BWP) Date of Judgment:1971-04-22 Reported As: PLD 1971 Baghdad-ul-Jadid 38 Result: Appeal dismissed JUDGMENT JUDGMENT ANWARUL HAQ, C. J.--This second appeal is by two defendants against the concurrent judgment and decree of the two Courts below to the effect that the widow and the three daughters of the deceased Ali Muhammad were entitled to 10/24 shares in the agricultural property left by him when he died in 1955. The total area of the land in dispute is 25 acres, out of which the present appellants All Muhammad and Muhammad Hussain are the vendees of 9 acres and 3 kanals, which area was sold to them by Ghulam Qadir, the only son of the deceased. The rest of the area was sold by Ghulam Qadir to the respondents Muhammad Khan and Sharif who have not, however, come up in appeal to this Court. In fact they accepted the judgment of the trial Court. 2. The deceased Ali Muhammad acquired this land under the Colonization of Government Lands Act. It is common ground that he had paid all the instalments due in 1946, but no sale deed was executed in his favour until his death in 1955 In 1958 the land was mutated in its entirety in favour of his son Ghulam Qadir, who is a respondent in the present proceedings. This was presumably done in terms of section 20 of the Act. In 1964 Ghulam Qadir obtained patta malkiyat…

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