MIAN MUHAMMAD AND Another vs Mst. ALLAH RAKHI AND 7 ANOTHER — 1968 SCMR 842

Citation: 1968 SCMR 842

Court: Peshawar High Court

Year: 1971

Decision Date: 1971-12-31

Parties: MIAN MUHAMMAD AND Another vs Mst. ALLAH RAKHI AND 7 ANOTHER

Headnotes

Case cited as 1968 SCMR 842

Judgment Text

Court Name: Peshawar High Court Judge(s): Ghulam Safdar Shah, Abdul Hakim Khan Title: MIAN MUHAMMAD AND Another vs Mst. ALLAH RAKHI AND 7 ANOTHER Case No.:Regular Second Appeal No. 224 of 1965 Petition for Special Leave to Appeal JUDGMENT Reported As: PLD 1972 Peshawar 84 Result: Order accordingly Judgment JUDGMENT ABDUL HAKEEM KHAN, J.---By this judgment we propose to dispose of this appeal as well as Appeals Nos. 378 and 379 of 1965 as all the three appeals have been lodged against the same judgment. As a matter of fact, the learned counsel for Mst. Allah Rakhi concedes that the second appeal lodged by her viz. No. 379 of 1969, is a superfluity and duplication. 2. The admitted facts of the case that will help appreciating the points involved in these appeals are that one Malak Sultan was the owner of the suit property. Which comprises agricultural land and residential houses in Peshawar City. He died on 7th January 1910, and was survived by three sons, namely, Mien Mohammad, Abdul Qayum and Agha Jan, and a daughter namely, Mst. Allah Rakhi. So far as the agricultural property is con--cerned, Mutation No. 594 was attested in favour of the three sons on 9th June 1910, without making any allocation for Mst. Allah Rakhi. However, when one of the sons, namely, Agha Jan, died in 1940, and the mutation was attested, Mst. Allah Rakhi was also given a share in the former's estate along with the surviving two brothers. This mutation is No. 718 and was attested or. 9th March 1946.…

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