KHUDA DAD AND Another vs GHULAM ABBAS AND 3 Other
The matter concerns a dispute over land ownership in village Tarkwal, District Rawalpindi, originally owned by a deceased male governed by Customary Law. Upon his death in 1908 without issue, his estate was mutated between his mother and widow, with the widow eventually succeeding to the entire property. In 1958, the widow gifted a portion of this land to the petitioners. The respondents, identified as collaterals of the original owner, challenged this alienation, claiming it violated law and custom, lacked necessity, and was ineffectual against their reversionary rights. The trial court decreed in favor of the respondents, declaring the alienation void, a decision upheld by the District Judge. The petitioners filed a Regular Second Appeal before the High Court. During the pendency of this appeal, the widow passed away, and her legal representatives were brought on record. The core legal question addressed the validity of the widow's alienation of property held under Customary Law and the standing of collaterals to challenge such transfers based on reversionary interests, ultimately affirming the restrictions imposed by Customary Law on limited estate holders.
- Does a widow holding property under Customary Law have the right to alienate the estate without legal necessity?
- Do collaterals of the last full owner have the standing to challenge an alienation made by a widow holding a limited estate?
- Is an alienation of property by a widow governed by Customary Law binding upon the reversioners after her death?
ORDER
1. WAHIDUDIN AHMAD, J.-The dispute between the parties is in respect of land situated in village Tarkwal, Tehsil Gujarkhan District Rawalpindi. It was Owned by Muhmad son of Abdullah, who was a Mughal by caste and was governed by Customary Law. He died in the year 1908 without any issue.
2. On his death, one half of his estate was mutated in the name of his mother Mst. Ghulam Bi and the other half in the name of his widow Mst. Sharfo. Mst. Ghulam Bi died in the year 1946 and the portion of the property left by her was then mutated in the name of the widow Mst. Sharfo. In this way, Mst.
3. Sharfo succeeded to the entire property left by Mehmad, her husband.
4. On the 29th January 1958, Mst. Sharfo .Gifted away 1/4th share of the land in favour of petitioners Nos. 1 and 2. Respondents who are the collaterals of the last full owner, filed a suit on the 26th February 1958 for declaration that the alienation made by Mst. Sharfo in favour of the petitioners was against law and custom, without consideration and necessity and was ineffectual against their rights after the re-marriage or death of the donor Mst. Sharfo. The learned Civil Judge, Rawalpindi, by judgment dated the 9th December 1958, decreed the suit. The appeal filed by the petitioners was dismissed by the learned District Judge, Rawalpindi on the 30th May 1959.
5. Thereupon, the petitioners filed Regular Second Appeal No. 334 of 1959, before the High Court.
6. During the pendency of the appeal, Mst. Sharfo died and on an application her legal representatives, (a) Khuda Dad, (b) Nawab, and (c) Mst. Amiran, were of Ghulam Hussain, were brought on record.