Find a Lawyer

AND

S. P. S. L. A. No. 46‑P of 1968

ASADULLAH KHAN AND OTHERS‑Petitioners

versus

KHAN SHAH PASAND KHAN AND OTHERS‑Respondents

Civil Petitions for Special Leave to Appeals Nos. 25‑P of 1967 and 46-P of 1968, decided on 21st October 1968.

(On appeal from the order of the High Court of West Pakistan, Peshawar Bench, Peshawar, dated the 20th June 1967, in Miscellaneous Application No. 212 of 1967).

(On appeal from the judgment and order of the High Court, of West Pakistan, Peshawar Bench, Peshawar, dated the 12th August 1968, in Writ Petition No. 211 of 1967).

---‑Whether Commissioner competent to issue Notification placing property of person under superintendence of Court of Wards‑Special Leave to Appeal granted by Supreme Court.

Muhammad Yunis Shah, Advocate Supreme Court instructed by Abdul Waheed Khan, Attorney for Petitioner.

Nemo for Respondents.

Arbab Sikandar Khan, Advocate Supreme Court instructed by M. Qasim Imam, Attorney for Petitioners.

Muhammad Yunis Shah, Advocate Supreme Court instructed by Nur Ahmad Khan, Attorney for Respondent No. 1.

Nemo for Respondents Nos. 2 and 3.

Date of hearing : 21st October 1968.

SAJJAD AHMAD, J.‑

This order will dispose of Civil Petitions Nos. 46‑P of 1968 and 25‑P of 1967.

The property of Shah Pasand Khan Respondent No. 1 in the Mardan district was brought under the superintendence of the Court of Wards by a Notification issued by the Commissioner, Peshawar, on the 8th of May 1967, which has been successfully challenged by the respondent in the High Court, Peshawar, in Writ Jurisdiction.

A learned Single Judge in the High Court has held that the Provincial Government and not the Commissioner was authorised to take such step under the Punjab Court of Wards Act, 1903, as extended to the former N.‑W. F. P. by the N.‑W. F. P. Regulation V of 1904.

The question raised in the petition which has a considerable importance is whether the Commissioner had the powers to issue the impugned Notification under the relevant Laws asp enforced and adopted in the territories comprising the Former Frontier Province now included in the Province of West Pakistan.

We grant leave to appeal. Security in the sum of Rs. 1,000.

The stay order issued by this Court on the 22nd August 1968, is modified to the extent that Shah Pasand can, if so advised, gift his property in favour of his daughter and other Muslim Law heirs according to their shares under the Muslim Law.

Petition No. 25‑P of 1967 has become infructuous and is dismissed.

Leave granted.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.