Mst. FATIMA BIBI Versus PROVINCE OF PUNJAB through District Officer Revenue, Gujrat

ORDER

MAHMOOD AKHTAR SHAHID SIDDIQUI, J .---The petitioner Mst. Fatima Bibi seeks leave to appeal against the judgment dated 3-6-2009 passed by the Lahore High Court, Lahore in Civil Revision No.300 of 2009.

2. The dispute relates to the inheritance of one Kallu who died in the year 1940 leaving behind 445 Kanals and 2 Marlas of land in Mouza Thapla, Tehsil Kharian District, Gujrat which was mutated in favour of Kallu's only son Allah Ditta under the custom through Mutation No. 118 dated 5-4-1940 to the exclusion of all other legal heirs who were otherwise entitled to inherit the property under the Muslim Law as shown in the following pedigree table:--

2(sic.) It is submitted that after the enforcement of the Muslim Personal Law (Shariat) Application Act, 1962, Kallu instead of Allah Ditta should have been treated as last full owner and his estate should have been mutated in favour of all the six daughters including the petitioner, one son Allah Ditta and widow Mst. Sharaf Bibi of Kallu. It is further submitted that after the death of Allah Ditta in the year 1978, the petitioner and her three real sisters namely, Mst. Amina Bibi, Mst. Alam Bibi and Mst. Sakina Bibi were again entitled to 2/3 share out of the inheritance of Allah Ditta, who died issueless. Lastly, it has been argued that the principle of res judicata in the circumstances of the case is not attracted.

3. The above contentions raised by the petitioner need serious consideration, therefore, we consider it just and proper to grant leave to appeal to consider the following questions:--

(1) Whether the estate of Kallu, after the enforcement of the Muslim Personal Law (Shariat) Application Act, 1962 should have been mutated in favour of all the legal heirs of Kallu including the petitioner, according to Muslim Law of Inheritance.

(2) Whether the petitioner along with her three real sisters, namely, Mst. Amina Bibi, Mst. Alam Bibi and Mst. Sakina Bibi were also entitled to inherit 3/2 share out of the inheritance of Allah Ditta, who died issueless.

(3) Whether the principle of res judicata has been wrongly applied in this case in view of the law laid down by this Court in the case of Muhammad Saleem Ullah v. Additional District Judge, Gujranwala and others (PLD 2005 SC 511).

In the meanwhile, status quo shall be maintained.

S.A.K./F-15/SC Leave granted.