REHMAT BIBI Versus SHARIFAN BIBI

ORDER

1. MUHAMMAD AFZAL ZULLAH, J .‑. Leave to appeal has been sought against the acceptance by the High Court of a Civil Revision filed by the respondents' side. It, had arisen out of a case of inheritance.

2. Mst.Sharifan Bibi, respondent, according to the learned counsel, was divorced by Barkat, her husband three days before he died. When the question of his inheritance arose, it was pleaded against her that she having been divorced before the death of Barkat, would not, inherit his property. This led to the filing of the suit from the respondents' side. It was decreed on the finding that notwithstanding the deceased having pronounced Talaq before his death, it had not become effective before 90 days on account of the provisions of the Muslim Family Laws Ordinance, 1961.

3. On appeal, the learned District Court reversed the decree on the ground that the mutation of inheritance took place after the expiry of 90 days, therefore, the inheritance opened after the effectiveness of Talaq. That being so, Mst.Sharifan was not treated as an heir.

4. On a Civil Revision from the respondents' side in the High Court, it was held that the succession opened immediately on the death of Barkat; and, on that day the Talaq not having become' effective‑only 3 days had passed, Mst.Sharifan was rightly treated as an heir by the trial Court. Therefore, the appellate judgment and decree were set aside and those of the trial Court were restored. The petitioner has now sought leave to appeal.

5. Learned counsel has reinterated the same argument which was advanced before and accepted by the learned District Court, in appeal.

6. After hearing him, we agree with the High Court that the succession in this case opened on the death of Barkat and not on the day the mutation was sanctioned regarding his inheritance. Learned counsel admits that at the time of the death of Barkat, 'Talaq had not by then become effective. That being so, this petition has to be dismissed. Leave to appeal is, therefore, refused.

7. M.I. /R‑57/S Petition dismissed.