Mst. ILHAMIA AND Another vs MUHWALI (REPRESENTED BY HEIR) AND Other — 1970 SCMR 631

Citation: 1970 SCMR 631

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: Mst. ILHAMIA AND Another vs MUHWALI (REPRESENTED BY HEIR) AND Other

Headnotes

Case cited as 1970 SCMR 631

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Hamoodur Rahman, Mujibur Rahman Khan Title: Mst. ILHAMIA AND Another vs MUHWALI (REPRESENTED BY HEIR) AND Other Case No.:Civil Petition for Special Leave to Appeal No. 7-P of 1970 Second Appeal No. JUDGMENT Reported As: 1970 SCMR 631 Result: Petition is dismissed Judgment JUDGMENT M. R. KHAN, J.-The petitioners brought a suit for possessions in respect of 33 kanals and 14-5/8 marlas of land out of 38 kanals and 11 marlas situated in village Bam Khel, Tehsil Swabi. The lands originally belonged to Sardar. Before the introduction of Shariat Law in December 1935, Sardar died leaving behind two sons Jamaldar and Sarkar and one daughter Mst. Zarjan (petitioner No. 2). Jamaldar died leaving behind his widow Mst. Wala Jan and one daughter Mst. Ilhamia (petitioner No. 1). Sarkar died leaving behind his widow Mst. Zarshan who is the respondent No. 21 herein. Having regard to the successive devolutions, the trial Court found that Mst. Ilhamia and Mst. Zarjan, the plaintiffs of the suit were entitled to possession of 10 kanals and 13 marlas of land out of the suit land. The plaintiffs preferred an appeal against the trial Court's decree. The Firsz Appellate Court allowed their appeal in part and granted a decree for possession in respect of 12 kanals and 1 marla of land out of the suit land. Not being content with the appellate decree, the plaintiffs preferred a Regular Second Appeal in the High Court of West Pakistan, Peshawar Bench.…

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