MUSHTAQ AHMAD Alias MUSHTAQ HUSSAIN AND 8 Others vs Mst. HAKIM BIBI — 1971 SCMR 171

Citation: 1971 SCMR 171

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-02-10

Parties: MUSHTAQ AHMAD Alias MUSHTAQ HUSSAIN AND 8 Others vs Mst. HAKIM BIBI AND 5 Other

Headnotes

Case cited as 1971 SCMR 171

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title:MUSHTAQ AHMAD Alias MUSHTAQ HUSSAIN AND 8 Others vs Mst. HAKIM BIBI AND 5 Other Case No.: Civil Review Petition No. 18 of 1969 Date of Judgment:1971-02-10 Reported As: 1971 SCMR 235 Result: N/A Judgment ORDER SAJJAD AHMAD, J.-This is a petition for a review of the judgment of this Court dated the 23rd of May 1969, in Civil Appeal No. 58 of 1966, by which the decision of the High Court was affirmed, holding that Mst. Hussain Bibi, the predecessor-in-- title of the respondent, who was one of the two widows of Sharaf Din, the original tenant grantee of the disputed land, had, on Sharaf Din's demise to hold three out of 6 squares of land, measuring 1284 canals 15 marlas in Cbak No. 156/R B of Lyallpur district, as a life estate under a family arrangement, which ripened into ownership rights on the acquisition of the proprietary rights therein from the Government on payment of the price. The decree of the High Court was varied in respect of the residential plot in Lyallpur, which was also in dispute, on the view that the life interest of Mst. Hussain Bibi in that plot had come to an end on her death, and as she did not have any heritable right in that plot, it could not be inherited by her heirs under the Shariat Act of 1937, which was prospective in operation. The right of inheritance to this plot consequently devolved on the customary heirs of Sharaf Din, who bad died in the year…

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