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ABDUL SATTAR versus MUHAMMAD KHAN


The land inherited under the respondents of Muslim law has died after the enactment of the West Punjab Muslim Personal Law (Sharia) Application Act (IX of 1948) in Pakistan in 1963. Respondents \ father and grandmother were granted inheritance under Muslim law and change of inheritance was approved, father does not rule under customs and liberty to separate property as full owner [Customs (Punjab)

1981 C L C 791

[Lahore]

Before Munawwar Elahee Rana, J

ABDUL SATTAR‑Appellant

versus

MUHAMMAD KHAN ETC.‑Respondents

Regular Second Appeal No. 462 of 1975, decided on 5th March, 1981.

(a) Muhammadan Law‑

‑‑ Alienation of land inherited under Muslim Law‑Respondents' grandfather dying in Pakistan in 1963 after enforcement of West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)‑ Respondents' father and grandmother inheriting property under Muslim Law and mutation of inheritance sanctioned accordingly‑Held, father not governed by custom and at liberty to alienate property as full owner.‑[Custom (Punjab].

(b) Specific Relief Act (I of 1877)‑

‑‑ S. 54‑Perpetual injunction‑Breach of‑Collusive ex parte decree restraining respondents' father from alienating property without consider ation and legal necessity‑Alienee (appellant) not party to suit resulting in such decree‑‑Alienee (appellant), held, not bound nor does such decree invalidate sale although penal action might be taken against alienor.‑[Injunction].

Beli Ram & Brothers v. Ram Lall and others A I R 1925 Lah. 644 ref:

Malik Muhammad Nawaz for Appellant.

Sh. Zafar Iqbal for Respondents.

Date of hearing : 1st March, 1981.

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