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FARID KHAN versus JABBAR KHAN


After the succession of the Mohammedan Law Constitution of Pakistan (1973), Article 185 (3), the property of the deceased landowner was split between his widow by 1/4 and his brother applied to the extent of 3/4. On the father's death, the contentious brother Petitioner claimed that his father was the real brother of the deceased and thus the trial court was entitled to 3/8 of the land in the trial but the First Appeal Court Dismissed the second case from the High Court, the appellate court set aside the decision of the first appellate court and restored it to appeal the trial court. Two documents were cited by the applicants in the decisions of the courts below, the application for leave of appeal was not properly documented and had to be dismissed. On this basis the leave to appeal under the circumstances was denied

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