Mst. ALAMOON KHATOON vs MUHAMMAD KHAN And 7 Other
This matter concerns a petition for leave to appeal against the dismissal of a Regular Second Appeal by the High Court in a suit for declaration regarding inheritance. The petitioner, claiming as the daughter of Mst. Nurai, challenged the denial of inheritance rights, which had been predicated on the finding that Mst. Nurai was merely a maintenance holder rather than a limited owner of the property in question. The core legal questions involve determining whether Mst. Nurai should be classified as a maintenance holder or a limited owner, and whether the petitioner is barred from raising this issue in the Supreme Court after having abandoned the point in the High Court. Furthermore, the Court must examine the protection of female inheritance rights in light of public policy and recent jurisprudence. The Supreme Court granted leave to appeal, noting that these issues require thorough examination, particularly regarding the protection of the rights of females in inheritance matters.
- Can a party raise a legal point in the Supreme Court that was expressly abandoned in the High Court?
- Does a distinction exist between a maintenance holder and a limited owner regarding inheritance rights?
- To what extent does public policy protect the inheritance rights of females in property disputes?
ORDER
1. MUHAMMAD AFZAL ZULLAH, C.J.---Leave to appeal has been sought by the defendant in a suit for declaration regarding inheritance; against the dismissal by the High Court, of her Regular Second Appeal.
2. The petitioner is daughter of Mst. Nurai who having been held only as a maintenance holder, right to inherit the property, has been denied to the petitioner. According to the learned counsel Mst.
3. Nurai was a limited owner having been granted land on the death of her father-in-law; her own husband died prior thereto.
4. Apart from the general question: whether, in the facts and circumstances of this case, Mst. Narai could at all be treated as only a maintenance holder and not a limited owner with all the consequences accordingly, learned counsel has relied on Mst. Sunar Begum v. Federal Government of Pakistan PLD 1988 FSC 1 to contend that there is no difference between the maintenance holder and a limited owner in the context of the present case. Learned counsel for the petitioner having given up the point regarding the controversy about Mst. Nurai being maintenance holder or limited owner, in the High Court; a further question would arise: whether, this would be a bar to the same being determined by this Court. Reference in this behalf can be made to the recent judgment of this Court Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 vis-a-vis, the protection of the rights of the females, these and other related questions including those of public policy would also require examination. Leave to appeal, accordingly, is granted.
5. Security Rs.5, 000.
6. The appeal shall be prepared on present record with direction to the parties to file all those documents, which shall be necessary for disposal thereof.