GHULAM HUSSAIN AND 2 Others vs GHULAM MUSTAFA AND 2 Other — 1971 SCMR 772

Citation: 1971 SCMR 772

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-01-28

Parties: GHULAM HUSSAIN AND 2 Others vs GHULAM MUSTAFA AND 2 Other

Headnotes

Case cited as 1971 SCMR 772

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title: GHULAM HUSSAIN AND 2 Others vs GHULAM MUSTAFA AND 2 Other Case No.:Civil Petition for Special Leave to Appeal No. 329 of 1969 R. S. A. No. 308 of 1953 Date of Judgment:1970-01-28 Reported As: 1971 SCMR 772 Result: Leave refused Judgment ORDER MUHAMMAD YAQUB ALI, J.-Three issues were raised before the High Court in the Second Appeal preferred by the respondents under section 100, C. P. C. Viz. :- (i)whether Pir Muhammad was not the son of Mst. Nizam Khatoon ; (ii) whether Mst. Zohra was daughter of Mst. Azim Khatoon and the plaintiffs-petitioners herein are her heirs ; and (iii)whether the suit is barred by res judicata. A Division Bench in the High Court answered issues (i) and (ii) in the affirmative and in concurrence with the trial Court held that Pir Muhammad father of the respondents was the son of Mst. Nizam Khatoon and that the decision in the earlier suit filed by Pir Muhammad in 1917 against Ali Muhammad and others who claimed through a will by Mst. Azim Khatoon operat--ed as res judicata. Similarly, issue No. (ii) was decided against the petitioners holding that Mst. Zohra, mother of the petitioners, was not the daughter of Mst. Azim Khatoon. The decree passed by the Additional District Judge, Muzaffargarh, on appeal was, accordingly set aside and the suit instituted by the petitioners laying claim to one-half share of 769 kanals and 16 marlas of land situated in the…

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