FARIDA Versus SHAUKAT ALI

ORDER

1. Vide order passed by me on 8-6-1981 Succession Certificate has been issued in the name of Nazir of this Court as petitioner namely Mst. Farida Khatoon was unable to furnish security of the amount which was mentioned in the Petition. Nazir was directed to invest the amount in some beneficial scheme as apart from the Petitioner another heir was minor. Petitioner Mst Farida Khatoon filed petition a/s 372 of the Succession Act in which it was stated that her husband Shoukat Ali had died in Charania Hospital at Karachi leaving behind her and her minor daughter as legal heirs. In paragraphs 4 and 5 categorically this fact is mentioned that apart from the heirs mentioned above deceased has no other kith or kin or any other relatives. Since deceased was licence-holder hence on account of his death amount of security of Rs. 1,20,000 was to be refunded by Bureau of Immigration and Overseas Employment. Ministry of Labour, at Islamabad, Vide Order dated 10-10-1982 amount mentioned above received by Nazir was directed to be invested in Fixed Deposit in Habib Bank Ltd.

2. Mst. Fahmida Khatoon alongwith her six children has filed objections on 25-8-1981 by way of an application filed a/s 383 of Succession Act 1925 read with Section 151 C.P.C. for revocation of order passed by this Court on 8-6-1981. Claim is made in this application that Mst. Fahmida Khatoon is widow and remaining petitioners are sons and daughters of deceased Shoukat Ali. It is further averred therein that Mst. Farida Khatoon in whose favour succession certificate has been issued as widow of Shoukat Ali has suppressed material facts from the Court and has not disclosed that deceased was already married and had six children from first wife. In the application Mst. Fahmida has claimed that her marriage took place with deceased on 9-6-1957 and she had produced such Nikahnama and stated further that at that time Family Laws Ordinance was not in force as such Nikahnama was not registered. She has given names of all children and have produced school certificates of all children in which name of their father is given as Shoukat Ali. Further claim is made by Mst. Fahmida Khatoon that on 15-8-1981 she learnt that succession certificate has been obtained by one other lady from Sindh High Court at Karachi who claims to be wife of deceased.

3. So many dates were allowed to the counsel for both the parties to make efforts for some sort of amicable settlement, but it appears that in spite of the efforts of the counsel both parties are adamant and each deny the existence of marriage of other. In the circumstances it has become the difficult question of disputed fact which can be resolved in some other forum as allowed under the law.

4. Nazir was called in the Court who stated that Rs. 1,28,807 are lying in Fixed Deposit in Habib Bank and further pointed out that there is entry showing that stay has been granted in Suit No. 36/83 directing Nazir not to make payment to petitioner Mst. Farida Khatoon till further orders.

5. Mr. Abdullah states that in the High Court suit has been filed on the basis of promissory note allegedly executed by deceased Shoukat Ali in which Mst. Fahmida Khatoon has been impleaded as party. It is further stated by him that Mst. Farida Khatoon has also been impleaded in that suit as defendant but she has not contested the suit. Mr: Zaki Muhammad states that he has no knowledge about suit proceedings.

6. In any case so far this proceedings is concerned there is enough material available which shows that facts were suppressed at the time when succession certificate was granted in favour of Mst. Farida Khatoon.

7. I, therefore, revoke the order passed by me on 8-6-1981, granting succession certificate in favour of petition,-r. Money will remain in name of Nazir as it is and parties are left to pursue remedies available to them according to law.

8. Nazir is directed to invest this money in Khas Deposit after encashment of F.D.R.

9. H.B.T./F-99/K

10. Order accordingly.