LT.-COL. SAFDAR ALI MALIK AND Another vs KHADIM HUSSAIN AND 6 Other — 1970 PLD 629

Citation: 1970 PLD 629

Court: Lahore High Court

Year: 1969

Decision Date: 1969-07-05

Parties: LT.-COL. SAFDAR ALI MALIK AND Another vs KHADIM HUSSAIN AND 6 Other

Headnotes

Case cited as PLD 1970 Lahore 629

Judgment Text

Court Name: Lahore High Court Judge(s): Maulvi Mushtaq Hussain Title: LT.-COL. SAFDAR ALI MALIK AND Another vs KHADIM HUSSAIN AND 6 Other Case No.: Second Appeal from Order No. 247 of 1963 Date of Judgment:1969-07-05 Reported As: PLD 1970 Lahore 629 Result: Appeal dismissed JUDGMENT JUDGMENT Khadim Hussain, respondent No. 1, and his minor brothers filed a civil suit on 24th March 1962, under the Customary Law in the civil Court at Sialkot for a declaration that the mortgage of the land in dispute by their father Muhammad Din, respondent No. 7, in favour of Lieutenant-Colonel Safdar A.I appellant by a registered deed, dated 30th May 1961, and the sale of the same land in favour of Muhammad Nawaz appellant by a registered deed of even date did not effect the reversionary rights of Khadim Hussain etc., as the transactions had taken place without consideration and legal necessity. Naturally, the claim was based on the ground that the property in dispute was ancestral qua them wherefore Muhammad Din, respondent No. 7, did not have an unrestricted power of alienation. 2. The present appellants contested the suit on both the grounds, mentioned above. The learned Civil Judge framed the following issues, and the case was fixed for evidence on 11 February 1963 (1) Whether the suit land is ancestral qua the plaintiffs and defendant No. 4? O. P. P. (2) Whether the alienations in dispute have been effected Sa, by defendant No. 4 for consideration and legal necessity and can the same be…

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