MUZAFFAR JAN Versus HUSSAIN JAN

ORDER

1. SALAHUDDIN AHMED, J. ‑The petitioner has been aggrieved by an order of a learned Single Judge of the Peshawar High Court dismissing her second appeal.

2. The last male holder of the property in dispute was 'Mir Ahmad. On the death of Mir Ahmad his widow, Mst. Bakhtnoor succeeded to a limited estate. Mst. Bakhtnoor during her life time transferred the property to her daughter petitioner Mst. Muzaffar Jan by means of two gift mutations attested on the 1st and 27th of September, 1956.

3. Mst. Bakhtnoor died in 1965, and the remainder of her property was mutated in the names of hat heirs as follows:‑

4. Mst. Khanam Jan 1/16

5. Mst. Muzaffar Jan 9/16

6. Mst. Hussain Jan 6/16

7. It has been found that Mst. Bakhtnoor was only a limited owner She died in 1963 and according to the Shariat the 1/8 th share that she has inherited in her husband's (Mir Ahmad's) property, devolved upon her heirs including Mst. Khanam Jan. There is, therefore, no suhatanss the contention that Mst. Khanam Jan could not inherit any part of the property of Mir Ahmad which devolved on her mother, Mst. Bakhtnoor.

8. The petition is, accordingly, dismissed.

9. Petition dismissed.