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Initializing Secure Chambers
Petitioner: QADIR BAKHSH And Others VS Respondent: AHMAD BAKHSH And Other
Court Name: Supreme Court of Pakistan Judge(s): Dr. Javed Iqbal, Saad Saood Jan Title: QADIR BAKHSH And Others vs AHMAD BAKHSH And Other Case No.: Civil Petition for Leave to Appeal No.790 of 1980 R.S.A. No. 573 of 1985 Date of Judgment:1987-07-18 Reported As: 1987 SCMR 1925 Result: Leave granted
Judgment ORDER SAAD SAOOD JAN, J.--The petitioners in this petition for special leave to appeal are the children of Mst. Hayat Begum who was the real sister of respondent No.1 and wife of respondent No.2. The dispute between the petitioners and respondent No.1 relates to the property which was allegedly left on her demise by Mst. Fatet Bibi, who was the mother of respondent No.1 and Mst. Hayat Bibi. The trial Court decreed the petitioners suit for partition but in appeal the learned Additional District Judge dismissed the suit on the assumption that as Mst. Fateh Bibi had died before Independence the parties were governed by customs under which the sisters were excluded by their brothers in the matter of inheritance. The judgment of the learned Additional District Judge was upheld by the High Court in second appeal. 2. In support of this petition, it is contended that it was no the case of respondent No.1 that he and his family were governed by the Customs and that there was no presumption in law that Muslim living in the urban areas were governed by the customary law. The High Court and the Additional District Judge, therefore, erred it law in raising this presumption without any basis whatsoever. 3. The contention raised on behalf of the petitioners requires consideration. Leave to appeal is granted. Security for costs in the sum of Rs.2,500. The appeal may be made ready for hearing on the present record with permission to the parties to place additional documents, if any, on the file.
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