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MUHAMMAD AMIN versus MRS. FARIDA BANO

- Section 273A 372 - Law Reform Ordinance (XII of 1972), Section 3 - Intra Court Appeal Administration Letter of Administration and Certificate of Succession - Parties to the Single Judge's Approval of the High Court on Rent, Distribution Appellant's Settlement Of the properties left in the interest of the deceased - property justification - The High Court instructed its officer to visit the property immediately after the property inspection and list all occupied tenants, immovable tents, tenants and / or List of licensees to be prepared, quantum rent and / or license fee - The High Court has paid all the rent to its officer Directed the issuer of notices to appear at their office with proof of rental agreements and / or license agreements and monthly rent and / or license fees. Instructed its officer to submit the monthly rent and / or license fee to sick tenants and licensors in court and then distribute the money collected to all deceased legal heirs. According to their shares Islamic law - after the original order was incorporated into the appeal order, the intra-court appeal was dealt with accordingly. [P 323] A&B

P L D 2017 Sindh 318 

Before Irfan Saadat Khan and Muhammad Humayon Khan, JJ

MUHAMMAD AMIN—Appellant

versus

Mrs. FARIDA BANO—Respondent 

High Court Appeal No. 168 of 2016, decided on 18th November, 2016. Succession Act (XXXIX of 1925)—

—-Ss. 273 A 372—Law RefÓrm;s Ordinance (XII of 1972), S. 3—Intra Court Appeal—Letter of Administration and succession certificate— Rent, distribution of—Appellant was aggrieved of order passed by Single Judge of High Court with regard to disposal' of properties left by deceased predecessor-in-interest of parties—Validity—High Court directed its official to pay surprise visit upon property in question and to prepare inventory of all occupied tenements, unoccupied tenements, list of tenants and/or licensees, quantum of rent and/or licence fee— High Court further directed its official to issue notices to all tenants and/or licensees to attend his office with tenancy agreements and/or licence agreements and proof of monthly rent and/or licence fee—High Court also directed its official to direct ail tenants and licensees to deposit monthly rent and/or licence fee in Court and thereafter to distribute the amount so deposited among all legal heirs of deceased as per their shares under Islamic Law—Original order having been merged in appellate order, Intra court Appeal was disposed of accordingly. [p. 323] A & B

Glaxo Laboratories Limited v. Inspecting Assistant Commissioner of Income Tax and others 1992 PTD 932 and Gen. (Retd.) Pervez Musharraf through Attorney v. Pakistan through Secretary Interior and others PLD 2014 Sindh 389 rel.

Abdul Qayyum and another v. Niaz Muhammad and another 1992 SCMR 613 ref.

Ammar Ather for Appellant.

Ms. Farida Moten for Respondent.

Date of hearing: 8th November, 2016.

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