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Revision Side No. 4 of 1954‑55, decided on 4th April 1955, District Shahpur.

S. 3‑Co‑widows enjoying life‑interest --Death of one will not render her share available for the other widow by survivorship but would go to Shariat heirs of last full owner.

S. 37‑Mutation ‑Summary proceeding‑Intricate questions of law should be left for Civil Court.

Sh. Bashir Ahmad, for Petitioner.

Kh. Abdur Rahim and Mian Abdur Rehman, for Respondents.

‑The facts of this case are very simple. One of the co‑widows of the last full owner died recently and the question now for consideration is whether her share of the limited interest in the property that was held by her devolves on the surviving co‑widow or does succession to this property open out as if the last male owner had now died. It is argued on behalf of the petitioner that the decision arrived at by the Collector which is in favour of the latter interpretation of law is not correct as according to the rule of survivorship there is fiction of law under 'which it is the co‑widow who inherits the limited interest of a deceased widow in the property held by her. This interpretation of law is contrary to the decisions of the Financial Commissioners (P L D 1953‑Pb. 15) which is borne out by a careful reading of section 3 of the West Punjab Muslim Personal Law (Shariat) Application Act which runs as follows : ‑

In respect of immovable property held by a Muslim female as a limited owner under the Customary Law, succession shall be deemed to open out on the termination of her limited interest to all persons who would have been entitled to inherit the‑ property at the time of the death of the last full owner had the Muslim Personal Law (Shariat) been applicable at the time of such death and in the event of the death of any of such persons before the termination of the limited interest mentioned above, succession shall devolve on his heirs and successors existing at the time of the termina tion of the limited interest of the female as if the aforesaid such person had died at the termination of the limited interest of the female and had been governed by the Muslim Personal Law (Shariat).

2. It would be apparent that the intention of the legis lature was that succession opens out so that even the succes sors of the deceased widow would inherit the share due to them under Shariat. I would, therefore, hold that the decision arrived at by the Collector is correct and reject this revision petition.

3. It may also be mentioned that there are innumerable decisions of this Court to the effect that mutation proceedings are summary in character and‑intricate questions of law should be taken up by the parties to a competent Civil Court. The question of survivorship is a question of this kind it is really for the aggrieved person to seek the jurisdiction of a Civil Court.

A. H. Petition rejected.

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