Mst. UMMAL MABIN Alias Mst. UMAL BANIN AND Another vs THE CLAIMS — 1964 PLD 756

Citation: 1964 PLD 756

Court: Lahore High Court

Year: 1969

Decision Date: 1969-12-31

Parties: Mst. UMMAL MABIN Alias Mst. UMAL BANIN AND Another vs THE CLAIMS JUDGMENT

Headnotes

Case cited as PLD 1964 Lah. 756

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema, Sheikh Anwarul Haq Title:Mst. UMMAL MABIN Alias Mst. UMAL BANIN AND Another vs THE CLAIMS JUDGMENT Reported As: PLD 1970 Lahore 897 Result: Case remanded Judgment JUDGMENT ANWARUL HAQ, J.---By means of this petition under Article 98 of the Constitution the two petitioners, Mst. Ummal Mabin and Mst. Ummal Arbab, daughters of the late Syed Irfan Hussain, seek to challenge the correctness and legality of the various orders passed by the officers of the Claims Department rejecting their claim in respect of their father's property abandoned by him in India due to the Partition disturbances. The case set up by them before the relevant authorities was that their paternal grandfather, named Syed Sultan Hussain, owned considerable property consisting of houses and agricultural land situate in Amroha in the District of Muradabad of the United Provinces in India. In 1946 he created a Waqaf-ul-Aulad by means of a registered deed and himself became the Mutwalli of the property, fixing Rs. 600 per annum as his remuneration. According to the Waqf deed the remaining income was to be enjoyed by the beneficiaries namely, his descendants. At the time of the creation of the Waqf the Waqif's son Irfan Hussain, and the sons and daughters of the Waqif's deceased son Rizwan Hussain, were alive. Irfan Hussain migrated to Pakistan in 1947 with the two petitioners and their mother Mst. Salma Khatoon. He died soon after coming over to…

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