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Civil Petition for Special Leave to Appeal No. 574 of 1977, decided on 9th February, 1986.
(From the judgment/order of the Lahore High Court, Lahore, dated 22‑6‑1977 in Regular Second Appeal No. 905 of 1971).
Constitution of Pakistan (1973)‑‑
‑‑‑Art. 185(3)‑‑Muhammadan Law‑‑Inheritance‑‑Parties allowed shares in accordance with law applicable to evacuee land under laws of Rehabili tation and Settlement‑‑Petitioner admitting that there would be no defect in distribution of inheritance‑‑Otherwise too, he was unable to satisfy that principles of Muslim law relied upon by him had in any way been contravened‑‑Leave to appeal refused. ‑‑[Muhammadan Law].
Syed Faqir Hussain, Advocate Supreme Court with Wajid Hussain, Advocate‑on‑Record (absent) for Petitioner.
Nemo for Respondents.
Date of hearing: 9th February, 1986.
Leave to appeal has been sought from judgment dated 22nd June, 1977, of the Lahore High Court; whereby a Regular Second Appeal filed by the petitioner which had arisen out of a land inheritance case, was dismissed.
2. Babu Khan petitioner is one of the three sons of Sardar Khan, the last male owner; the other two were, Inayat Khan and Tufail Muhammad. They had also a sister named Khurshid Begum. Learned counsel stated that Sardar Khan, Inayat and Tufail Muhammad, all died at one time during the disturbances. Petitioner came to Pakistan and so did the son of Inayat Khan named Amanat Khan and Mst. Khurshid Begum, sister of Babu Khan. Amanat Khan filed a suit against Babu Khan with regard to the share of property left by Sardar Khan in India qua which learned counsel says land was allotted in Pakistan against verified claims. Suit was decreed with the following shares:
Amanat Khan 26/70 share
Babu Khan Petitioner 26/70 share
Rashida Begum widow of Tufail Muhammad 5/70 share
Khurshid Begum 13/70 share
3. Babu Khan's First Appeal was dismissed. Babu's second appeal has also been dismissed by the High Court. He has, therefore, now sought leave to appeal.
4. Learned counsel relied on what he calls a principle of Muslim Law of Inheritance that when several persons died together their progenies will get the share the deceased parents would have obtained. He has also relied on the Digest of Muhammadan Law by Bailee, page 714. Notwithstanding the same, learned counsel stated that the parties have been allowed the shares in accordance with the law applicable to the evacuee land under the Laws of Rehabilitation and Settlement. Looked at from that angle learned counsel admitted that there would be no defect in the distribution of inheritance. Otherwise too he was unable to satisfy us that the principle of Muslim Law relied upon by him has in any way, been contravened. There is no force in this petition. Leave to appeal accordingly, is refused.
M.Y.H. Leave refused.
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