IQBAL vs Mst. JINAN
This petition for leave to appeal was directed against an impugned judgment and was found to be barred by time, leading to its dismissal by the Supreme Court. Upon hearing the petitioner's counsel on merits, the Court also discovered no legal or other infirmity in the impugned judgment. During the proceedings, it transpired that the petitioner had attempted to grab property belonging to his sisters, depriving them of their due share. The Court noted its prior ruling in Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi (PLD 1990 Supreme Court 1) regarding property transactions and surrender or alienation inter se between close Muslim male and female relations. Consequently, for doing complete justice, the Court referred the question of property dealings between the petitioner and his sisters to the Legal Aid Department of fireplaces the Pakistan Bar Council for research, advice, and potential legal action, with the investigation results to be submitted back to the Court.
- Whether a petition for leave to appeal barred by time can be entertained when found devoid of merit?
- What measures can the Supreme Court take to ensure complete justice regarding property grabbing among close Muslim relations?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, CJ.---This petition for leave to appeal is barred by time. It is dismissed accordingly.
2. However, it is observed that before it was noticed that the petition is time-barred we had heard the learned counsel for the petitioner on merits in support of this petition and were 'unable to discover any infirmity, legal or otherwise in the impugned judgment. Thus there is no case on merits either.
3. ' During the hearing of the petition it transpired that the petitioner had obtained or even now is attempting to obtain the property which belongs to his sisters including the respondent. They are several in number. It seems there have been several ups and down in the will of the sisters to resist the claim of the petitioner. We questioned his learned counsel. He has perhaps succeeded in what could be treated as grabbing the property or at least depriving his other sisters of their due share on one or the other pretext. This Court has in a recent judgment Ghulam Ali and 2 others v. Mst.
4. Ghulam Sarwar Naqvi and 2 others PLD 1990 Supreme Court 1 laid down certain conditions regarding transactions between male and female, close Muslim relations, regarding ownership of property and its surrender/alienation inter se. The case of the other sisters is not before us in this matter. By way of abundant caution, in view of certain consequential observations made in the case of Mst. Ghulam Sarwar Naqvi, we consider it fit and proper for doing complete justice to refer the question of property dealings between the petitioner and his sisters inter se, to the Legal Aid Department of the Pakistan Bar Council for research/advice to any concerned person and/or for further legal action, if necessary. The result of these investigations shall be sent to this Court.
Cited by 1 case
- Mst. ZAHIDA and another vs Capt, (Rtd.) SHAHID ALI KHAN 1993 CLC 2116