Mst. BHAG BHARI vs MUHAMMAD ANWAR AND 4 OTHERS — 1983 CLC 2551

Citation: 1983 CLC 2551

Court: Lahore High Court

Year: 1968

Decision Date: 1968-01-17

Parties: Mst. BHAG BHARI vs MUHAMMAD ANWAR AND 4 OTHERS

Headnotes

Case cited as 1983 CLC 2551

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: Mst. BHAG BHARI vs MUHAMMAD ANWAR AND 4 OTHERS Case No.: Regular Second Appeal No, 358 of 1957 Date of Judgment:1968-01-17 Reported As: 1983 CLC 2551 Result: Appeal dismissed JUDGMENT JUDGMENT ' One-third of his property was mutated in the name of Mn. Hata, his widow, while the remaining two-third was mutated in the name of Anwar, Munawwar and Nazir Begum the progeny of Muhammad through Raj Bhari. Mst. Hata died in 1950 and on her death two-third of her property was mutated in the name of Anwar and Munawar while one-third in that of Nazir Begum and Bhag Bhari. 2. On 6th June, 1950 one Lal Khan, who claimed to be the maternal uncle of Anwar and Munawwar acting as their guardian ad litem, filed a Suit in the Court of the Sub-Judge Mandi Baha-ud-Din for a declaration that the parties were governed by Customary Law and that Mst. Hata had inherited that property under the said law only as a life estate. It was contended on the basis of this averment that the entire property, therefore, reverted to Anwar and Munawwar, the two male lineal descendants of Muhammad, to the exclusion of both daughters. The plaint was later on amended so as to allege that the property had devolved upon Mst. Hata in lieu of maintenance. The suit was decreed. 3. An appeal was filed against this decree by Mst. Bhag Bhari which was accepted by the District Judge to the extent that he modified the decree and held that Anwar and Munawwar…

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