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Suit No. 230 of 1981, decided on 28th September, 1981.

‑‑ S. 9 read with O. XX, r. 13‑Administration suit‑Scope‑Question of title to property claimed by any heir in his own independent right, held, cannot be decided in administration suit‑Object of such suit‑To determine estate of deceased at time of his death.

Syed Mehdi Hussain Shah v. Mst. Shadoo Bib and others P L D 1962 S C 291 ; Muhammad Sarwar and 2 others v. Abdul Lateef and another P L D 1978 Lab. 391 and Suit No. 274 of 1975 ref.

Khalid Himyun for Plaintiffs.

K. B. Bhutto for Defendant No. 1.

Date of hearing : 28th September, 1981.

In this administration suit the parties are at issue in respect of item No. 3 of Sch. B to the plaint. It is a Commercial plot bearing No. S. C. 3 measuring 947.33 Sq. Yds. situated in Block I, North Nazimabad, Karachi. The Defendant No. 1 the widow has filed her affidavit stating that this property was purchased by the deceased who later on made an oral gift of the said plot to her. Accordingly water connection and plan was approved in her name. The construction was raised out of the funds of the Defendant No. 1. On 2Q‑1‑1979 a declaration of oral gift was made by the deceased and the plot was transferred in the name of the Defendant No. 1 after due publication in newspaper. Finally in July, 1980 this plot was sold for Rs. 9,25,000. She claims the said property to be tier owr; exclusive property which has been sold away.

The scope of Administration suit is limited. The question of title to a property claimed by any heir in his own independent right cannot be decided in these proceedings. The object of the suit is to determine the estate of the deceased at the time of his death. Reference can be made to P L D 1962 S C 291, P L D 1978 Lab. 391 and to an unreported order passed by Zafar Hussain Mirza, J. in Suit No. 274/75. The learned counsel for the plaintiff contended that for the time being the consideration of this property may be deferred and preliminary decree in respect of the remaining properties may by passed. In view of the controversy between the parties, the question of title to the plot cannot be decided in the present proceeding. The plot has been sold and this controversy can be settled by independent proceeding.

As there is no dispute in respect of the remaining properties as contained in order dated 26‑4‑1981, 1 pass a preliminary decree in terms of Order XX, rule 13, C. P. C. and appoint Mr. Muhammad Kalim Siddiqui the Deputy Registrar as the Administrator of the properties left by the deceased excluding item No. 3 of Schedule B to the plaint and direct the Administrator to administer the properties and realise all assets and investigate of all the liabilities of the deceased and after satisfying the liabilities if properties are left the same may be distributed amongst the legal heirs according to Muslim Law.

Y. M. A, Preliminary decree passed:

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