MUHAMMAD SALEHOON vs Mst. BILQUIS BEGUM and others
This matter arises from a petition for leave to appeal filed by a defendant against the dismissal of his Regular Second Appeal by the High Court, concerning the validity of property alienation by one Ghulam Muhammad in favor of respondent No. 1 in lieu of dower, and a subsequent gift in favor of the petitioner during the pendency of litigation. The core legal questions involve the validity of the initial dower alienation, the effectiveness of a subsequent pendant lite transfer, and the petitioner's locus standi to challenge the same alongside jurisdictional objections. The Supreme Court held that the alienation in favor of the respondent, along with its conditions, was fully proved, rendering the petitioner's claim on merits unfounded, and thus refused to grant leave to appeal. The key principle laid down is that a bona fide alienation in lieu of dower is valid and effective against subsequent alienations made during the pendency of litigation.
- Whether an alienation of property in lieu of dower is valid against subsequent alienations made during the pendency of litigation?
- Does a subsequent transferee during the pendency of litigation have the right to challenge a prior valid alienation in favor of another respondent?
- Whether technical objections can override a fully proved alienation of property in favor of a respondent?
ORDER
1. ' MUHAMMAD AF'ZAL ZULLAH, J.-A defendant has sought leave to appeal against the dismissal by the High Court of his Regular Second Appeal which had arisen out of a dispute about alienation by one Ghulam Muhammad, of suit property to the respondent No,1 in lieu of her dower.
2. ' The history of litigation is fairly long which need not be narrated here. The impugned judgment has dealt with all the details adequately. The dispute between the contesting parties raised before us is simple. Firstly whether the alienation was validly made in respondents' favour and if so whether any subsequent alienation through gift in petitioner's favour during the pendency of the litigation was valid and effective against the rights of the said respondent. Secondly, questions have also been raised of petitioner's right to challenge the alienation to the said respondent and in that context asserted all his rights notwithstanding the bar of transfer during pendency of litigation.
3. Jurisdictional questions have also been raised.
4. We have heard the learned counsel at some length. Regardless of the technical objections, the alienation in respondents' favour together with the relevant conditions is fully proved. That being so, petitioner's claim on merits is not at all well-founded. Thus notwithstanding any technical objections, we do not consider it a fit case for grant of leave to appeal.
5. ' It is, accordingly, refused. 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.