SHERA AND Others vs Mst. FATIMA AND Another — 1971 SCMR 449

Citation: 1971 SCMR 449

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-05-07

Parties: SHERA AND Others vs Mst. FATIMA AND Another

Headnotes

Case cited as 1971 SCMR 449

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Mujibur Rahman Khan Title: SHERA AND Others vs Mst. FATIMA AND Another Case No.: Criminal Appeal No. 93 of 1969 Criminal Revision No. 954 of 1965 Date of Judgment:1971-05-07 Reported As: 1971 SCMR 449 Result: Appeal dismissed JUDGMENT JUDGMENT WAHIDUDDIN AHMAD, J.-This appeal by special leave is directed against the order of the High Court of West Pakistan, Lahore, in Criminal Revision No. 954 of 1965, dated the 7th July 1966. By this order the revision petition was dismissed. The dispute between the parties is in respect of agricultural land measuring 875 kanals, situated in village Bagga, Police Station Mandi Bahauddin, District Gujrat. In 1939, one Muhammad Ali died issueless. Mst. Fatima, the respondent his widow, succeeded to his estate under Customary Law. In 1962, West Pakistan Muslim Law (Shariat) Application (Amendments) Act V of 1962, came into force. The appellants who are the rever--sioners of deceased Muhammad Ali claimed shares in the estate of Muhammad Ali under the Muhammadan Law. By mutation No. 791, 1/4th share was given to Mst. Fatima and 3/4th share in the property was given to the appellants. Thereupon, the appellants threatened to take forcibly possession of the land and on the 17th September 1965, Mst. Fatima respondent No. 1, along with Mehn, Nadir and Mst. Naziran, filed a civil suit in the Court of Civil Judge, Mandi Bahauddin for declaration and permanent…

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