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Revision No. 134 of 1961‑62, decided on 3rd March 1962, District Lahore.

‑Muhammadan Law heirs of last full owner existing at time of termination of limited interest of female entitled to be entered as new title‑holders‑Mutation.

Aslam Salimi for Petitioners.

Z. H. Tahir for Respondents.

One Mst. Amina a resident of village Khurram District Lahore, died in 1957. She held a life interest in the immovable property in dispute under Customary Law. Succession thus opened out on her death and the Revenue Officer mutated the property in accordance with the provisions laid down in section 3 of the West Pakistan Muslim Personal Law (Shariat) Application Act. The Collector dismissed the appeal, but the learned Additional Commissioner interfered in revision as he held that even the succeessors of those heirs of the last full owner who did not exist at the time of the termination of the limited interest of the female, and had died earlier, were also entitled to succeed. This is obviously contrary to the provisions of they Act which lays down that only those heirs of the last full owner would be entitled to succeed who existed at the time of the termination of the limited interest of the female. The reason for leaving out the heirs who had already died is not a matter for me to go into. It may, prima facie appear to the successors of such heirs that the statute is not fair to them but the law has to be applied as it stands. I would accordingly set aside the order of the learned Additional Commissioner and restore that of the Assistant Collector, who decided the mutation holding that only such heirs or their successors are entitled to the inheritance who existed at the time of termination of the limited interest‑of the female.

The revision petition accordingly stands accepted.

K. M. A.

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