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Civil Petition No. 169 of 1978, decided on 20th November, 1985.
(On appeal from the judgment, dated 29‑1‑1978 of the Lahore High Court, Lahore in Writ Petition No. 124‑R of 1978).
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‑‑‑Art. 185(3)‑‑Inheritance‑‑Exclusion from‑‑Deceased leaving widow and children‑‑Petitioners being nephew and niece, claiming share on ground that they were included in matter of allotment in family of their uncle‑ Held: Petitioners having been found included in allotment made in favour of their mother were neither justified nor entitled to deprive respondents of their share in inheritance of their deceased father when they will be getting some share from allotment of their own mother. ‑‑[Muhammadan Law].
Ch. Muhammad Abdullah, Advocate Supreme Court, Wajid Hussain, Advocate‑on‑Record for Petitioner.
Nemo for Respondents.
Date of hearing: 2tt.h November, 1985.
‑‑This is a case relating to the allotment of evacuee land to refugees from Jammu and Kashmir.
2. The plea of the petitioners was that they were included in the matter of allotment in the family of one Shahabuddin, their uncle. However, the Settlement Authorities have held otherwise and found that; only the widow and the real children of Shahabuddin are entitled to inherit his allotment. The petitioners, on the other hand, have been found to be included in the allotment made in favour of their mother Mst. Aisha Bibi.
3. The High Court found that their exclusion from the inheritance of Shahabuddin was perfectly correct and they could not claim inheritance of Shahabuddin being only his nephew and nieces when the latter had left his own heirs.
4. We entirely agree with the view taken by the High Court that the petitioners are neither justified nor entitled to deprive the respondents of their share in the inheritance of their deceased father when they will be getting some share from the allotment of their own mother.
5. This petite is dismissed.
M. I. Petition dismissed.
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