AGHA JAN' and 3 others vs Mst. TM BIBI and 59 others
This matter concerns a dispute over the inheritance of property originally owned by Amir Ali, who died in 1920. Upon his death, his estate was divided among his heirs, including Mst. Bagai, who held a life estate under customary law. Following Mst. Bagai's death in 1975, a dispute arose regarding the subsequent devolution of the property. The petitioners, descendants of a predeceased son of Amir Ali, sought a declaration and possession of their share, arguing that upon the termination of the limited estate, the property should devolve according to the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962. The trial court and the High Court dismissed their suit, leading to the current petition for leave to appeal. The Supreme Court granted leave to consider the contention that upon the opening of the inheritance following the death of the limited owner, the property reverts to the original owner and must devolve upon the heirs alive at the time of the original owner's death in accordance with the relevant Shariat Application Act.
- Does the property of a deceased owner held by a limited owner under customary law revert to the original owner's estate upon the termination of the limited interest?
- Are the descendants of a predeceased son entitled to inherit from the original owner upon the termination of a life estate under the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962?
- Section 3, West Pakistan Muslim Personal Law (Shariat) Application Act 1962
ORDER
' FAZAL ILAHI KHAN, J.---Dispute is with regard to inheritance of Amir Ali, the last full owner, who died in the year 1920. His inheritance Mutation No,912 was attested on 3-6-1920 in the names of Abdur Rehman 1/3rd, Misri Khan and Agha Jan sons of predeceased son of Amir Ali; namely, Sher Ahmad 1/3rd, and Mst. Bagai widow of Hassan Ali another predeceased son of Amir Ali 1/3rd. Mst. Bagai remained as a life estate owner under the customary law prevailing at the time of the death of Amir Ali. The dispute arose in the year 1975 on the death of Mst. Bagai. Her inheritance mutation was attested on 31-1-1975 to the exclusion of Misri Khan and Agha Jan the sons of Sher Ahmed on the opening of inheritance of Amir Ali which prompted them to file the present suit for declaration and in the alternative for possession of their share in the inheritance of Amir Ali under section 3 of the West Pakistan Muslim Personal Law (Shariat) Application Act being the children of Sher Ahmed predeceased sons of Amir Ali. The palintiffs/petitioners' suit was dismissed and their appeal also stood dismissed by the learned High Court vide judgment dated 21-7-1994 against which leave to appeal is prayed for.
2. We have heard the learned counsel for the petitioners and perused the record. It was contended by the learned counsel that on opening of the inheritance of Amir Ali on the death of Mst. Bagai, the limited owner, the property was to revert back to Amir Ali and devolve on the heirs then alive at the time of death of Amir Ali in accordance with the West Pakistan Muslim Personal Law (Shariat)
Application Act, 1962 which entitled the petitioners/ plaintiffs to inherit the share of Sher Ahmad son of Amir Ali.
' Leave is granted to consider the above contention Status quo to be maintained.