FAQIR MUHAMMAD vs FAZAL RAHMAN AND 13 Other — 1970 SCMR 662

Citation: 1970 SCMR 662

Court: Supreme Court of Pakistan

Year: 1970

Decision Date: 1970-04-01

Parties: FAQIR MUHAMMAD vs FAZAL RAHMAN AND 13 Other

Headnotes

Case cited as 1970 SCMR 662

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Mujibur Rahman Khan, Sajjad Ahmad Jan, Muhammad Yaqub Ali Khan Title: FAQIR MUHAMMAD vs FAZAL RAHMAN AND 13 Other Case No.: Civil Appeal No. 1-P of 1968 Date of Judgment:1970-04-01 Reported As: 1970 SCMR 662 Result: Appeal dismissed JUDGMENT JUDGMENT SAIJAD AHMAD, J.-The facts of this appeal by, special leave are briefly as follows. One, Rahim Gul, father of the appellant Fait Muhammad who was the original owner of the disputed &Ad, land is the year 1932. He left the appellant, his son and Mst. Maqbool Jan, his daughter, as his heirs. As customary law governed succession at the time, the land in dispute was mutated in the name of the appellant alone, to the exclusion of Mst. Maqbool Jan. The latter, on the 6th of April 1955, brought a suit (No. 119/1) in the Court of the Sub-Judge, 1st Class, Nowshera, for possession, claiming that she was a co-owner with the appellant in the suit property to the extent of 1/3rd share, according to Shariat Law which had been enforced in the former N.W. F. P. In the year 1935. During the proceedings, the respondent Fazal Rahman moved an application for impleadment as a party on the conten--tion that he was a legatee of 1/3rd share in the suit property under a will made by the aforesaid Rahim Gul. He was duly impleaded as a party and an issue was struck as regards his rights under the will numbered as Issue No. 9, to the following effect :- "Whether Rahim Gul validly willed his property to…

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