Mst. MUSARRAT BIBI vs MEHNDI KHAN and others
This matter concerns a petition for leave to appeal filed by a defendant in a declaratory suit regarding inheritance, following the dismissal of her Regular Second Appeal by the High Court. The core legal controversy centers on the inheritance of one Fateh Muhammad, who passed away in 1967. The central question requiring resolution is the determination of the petitioner's paternity, specifically whether Mst. Musarrat Bibi is the daughter of the deceased. The opposing party contended that the deceased had divorced the petitioner's mother, who subsequently remarried, thereby severing the petitioner's status as the daughter of the deceased. The Supreme Court, upon reviewing the material presented by both sides, determined that the matter warranted a deeper examination of the paternity issue and the legal implications of established precedents, including the principles set forth in Shah Nawaz v. Nawab Khan. Consequently, the Court granted leave to appeal to further scrutinize the lower courts' findings on these factual and legal issues, while ordering that the appeal be prepared on the existing record with the option to file additional documents.
- Whether the petitioner is the legitimate daughter of the deceased for the purposes of inheritance?
- What is the effect of the alleged divorce of the mother on the paternity status of the child?
- Does the evidence on record sufficiently establish the paternity of the petitioner?
ORDER
' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant in a declaratory suit relating to inheritance against the dismissal by the High Court of her Regular Second Appeal.
The respondents' suit was decreed and the petitioner's first and second appeal have been dismissed.
2. The controversy relates to the inheritance of one Fateh Muhammad who died in 1%7. The main question which remains to be resolved is whether the petitioner Mst. Musarrat Bibi is or is not the daughter of Fateh Muhammad. The case of the other side was that Fateh Muhammad having divorced the petitioner's mother, she had married one Mubarak. Therefore, she could not have been treated as daughter of Fateh Muhammad.
3. After carefully examining the value of the material led from both the sides in this behalf, we consider it a fit case to examine, inter alia, whether the A paternity of the petitioner has been correctly decided. The effect of Shah Nawaz v. Nawab Khan (PLD 1976 SC 767) as also the other questions arising in this petition, would require examination. We therefore, grant leave to appeal.
' Security Rs, 5,000.
4. The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents. Stay to continue. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.