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Petitioner: Agha ABDUL HAMEED and 7 others VS Respondent: Mst. NASEEM BEGUM
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: Agha ABDUL HAMEED and 7 others vs Mst. NASEEM BEGUM Case No.: Civil Petition for Leave to Appeal No, 71 of 1986 Date of Judgment:1989-06-11 Reported As: 1989 SCMR 2038 Result: Leave granted
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought; against the dismissal by the High Court, of a Civil Revision. It had arisen out of a succession certificate regarding one Abdul Ghafoor deceased who met with an accident in S. Arabia and expired there. 2. The amount in question was paid to the respondent, a widow of Abdul Ghafoor, who has been held to be entitled to appropriate it exclusively as her own property, without sharing it with other heirs, in accordance with the Islamic law. The petitioners side represents them. No doubt it is correct that as observed by the High Court nothing was before the learned Courts below to give final verdict on the terms and conditions of the contract under which the amount was paid as compensation (or otherwise) regarding the death of Abdul Ghafoor. 3. The High Court, however, relied on an entry showing Mst. Naseem Begum as an heir/beneficiary, therefore, in absence of any other material it was thought that she was entitled exclusively to appropriate the entire amount. After hearing the learned counsel we consider this case fit for grant of leave to examine; whether, there was absolutely no material available to help discover the conditions relating to the payment in question; ' If not whether, additional evidence should not have been called for; and, whether it should not be called for now. 4. If ultimately the position remains as assumed by the High Court, A whether the respondent was not a trustee when receiving the amount, on behalf of all heirs including herself. ' And lastly; whether, in the circumstances of this case the amount in question was not liable to be distributed amongst all the heirs of Abdul Ghafoor in accordance with the Muslim Law of
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inheritance. ' Leave to appeal, accordingly, is granted. Security Rs,5,000. 5. Oral request of the learned counsel for the petitioners for filing of additional fresh material, if available, (which was not before the Courts) is allowed. The material shall be placed on the file after due notice to the other side.