SAADULLAH KHAN AND 6 Other vs Mir PIAYO KHAN AND 14 Other — 1970 PLD 150

Citation: 1970 PLD 150

Court: Peshawar High Court

Year: 1969

Decision Date: 1969-12-31

Parties: SAADULLAH KHAN AND 6 Other vs Mir PIAYO KHAN AND 14 Other

Headnotes

Case cited as PLD 1970 Peshawar 150

Judgment Text

Court Name: Peshawar High Court Judge(s): Qadeer-ud-Din Ahmad, Nasim Hassan Shah Title: SAADULLAH KHAN AND 6 Other vs Mir PIAYO KHAN AND 14 Other Case No.: Civil Revision No. 398 of 1962 and R. S. A. No. 137 of 1965 Date of Judgment:- Reported As: PLD 1970 Peshawar 150 Result: Appeal partly accepted JUDGMENT JUDGMENT QADEERUDDIN AHMAD, C.J.----These three second appeals were originally filed as revision petitions but have been treated, owing to an amendment of law, as second appeals. All of them arise from the same judgment. 2. The facts which form the background are that the ancestor of the parties was Mir Akbar Khan, who left two sons, namely, Akbar Khan and Mir Afzal Khan as well as property situated in three villages, namely, Jhandu Khel, Nar Najib and Waziran Sperka and a house in Bannu City. It was inherited by his two sons. In these proceedings, we are concerned only with the property which devolved on Akbar Khan. Akbar Khan died in 1912, leaving behind two widows, namely, Mst. Sherina and Mst. Balishta, and four daughters, three from Mst. Sherina, Mst. Maryama, Mst. Fatima and Mst. Khudeja and one from Mst. Balishta, namely Mst. Malakzada. The property of Akbar Khan situated in Nar Najib was mutated on the 31st of March 1912, in favour of Mir Afzal Khan vide mutation No. 10 on the ground that according to the custom applicable to the Waziris, their women-folk did not even get life estate. His property situated in Jhandu Khel was mutated in favour of the six women…

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