KHUDA DAD AND Another vs GHULAM ABBAS AND 3 Other — 1970 SCMR 462

Citation: 1970 SCMR 462

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Parties: KHUDA DAD AND Another vs GHULAM ABBAS AND 3 Other

Headnotes

Case cited as 1970 SCMR 462

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Sajjad Ahmad Jan Title: KHUDA DAD AND Another vs GHULAM ABBAS AND 3 Other Case No.:Civil Petition for Special Leave to Appeal No. 59 of 1970 Regular Second Appeal No. 334 of 1959 Date of Judgment:- Reported As: 1970 SCMR 462 Result: Petition dismissed Judgment ORDER WAHIDUDIN AHMAD, J.-The dispute between the parties is in respect of land situated in village Tarkwal, Tehsil Gujarkhan District Rawalpindi. It was Owned by Muhmad son of Abdullah, who was a Mughal by caste and was governed by Customary Law. He died in the year 1908 without any issue. On his death, one half of his estate was mutated in the name of his mother Mst. Ghulam Bi and the other half in the name of his widow Mst. Sharfo. Mst. Ghulam Bi died in the year 1946 and the portion of the property left by her was then mutated in the name of the widow Mst. Sharfo. In this way, Mst. Sharfo succeeded to the entire property left by Mehmad, her husband. On the 29th January 1958, Mst. Sharfo .Gifted away 1/4th share of the land in favour of petitioners Nos. 1 and 2. Respondents who are the collaterals of the last full owner, filed a suit on the 26th February 1958 for declaration that the alienation made by Mst. Sharfo in favour of the petitioners was against law and custom, without consideration and necessity and was ineffectual against their rights after the re-marriage or death of the donor Mst. Sharfo. The learned Civil Judge, Rawalpindi, by judgment…

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