Mst. FATIMA vs MUHAMMAD HUSSAIN and others
This petition for leave to appeal challenged a judgment of the Lahore High Court, which had partially accepted a civil revision filed by the respondents, granting them a 1/6th share in the disputed land. The respondents had originally filed a declaratory suit claiming ownership through inheritance following the termination of the petitioner's life estate under custom, citing the Muslim Personal Law (Shariat) Application Act, 1962. While the trial court and the first appellate court had acknowledged the respondents' entitlement on merits, they had dismissed the suit on the grounds of limitation. The High Court, however, reversed this finding, allowing the respondents their legal share. Before the Supreme Court, the petitioner failed to demonstrate any illegality or irregularity in the High Court's reasoning. The Supreme Court affirmed the High Court's decision, holding that the respondents were rightfully entitled to their legal inheritance share. The petition was dismissed, and leave to appeal was declined, as the petitioner could not substantiate any error in the lower court's determination regarding the respondents' entitlement to the property.
- Does the termination of a life estate under custom, following the enactment of the Muslim Personal Law (Shariat) Application Act, 1962, entitle legal heirs to claim their inheritance share?
- Can a suit for declaration of inheritance rights be dismissed solely on the ground of limitation when the merits of the claim are established?
- Muslim Personal Law (Shariat) Application Act, 1962
1. ' TANVIR AHMED KHAN, J.---Leave to appeal. Is sought against the order dated 28-6-1999 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Civil Revision No,613-D of 1985 filed by the respondents was partly accepted setting aside the determinations of the two Courts below and allowing them 1/6th share in the suit-land.
2. ' The facts briefly narrated are that the respondents filed a declaratory suit claiming themselves as owners of the land in dispute to the extent of 16 Kanals, 6 Marlas out of the total land measuring 97 Kanals, 9 Marlas through inheritance. The petitioner defendant Mst. Fatima had a life estate in the said land based on custom. It was case of the respondents that upon the termination of such life estate and enactment of Muslim Personal Law (Shariat) Application Act, 1962, they became entitled to inherit 1/6th share of the land in dispute which belonged to Hasham as its last full owner. The above suit was resisted by the petitioner, the parties led their evidence and the learned Civil Judge, Mandi Bahauddin, admitted the case of the respondents on merits but non-suited them on the ground of limitation. The responder* filed an appeal against the above determination of the trial Court, which was dismissed by the learned Additional District Judge, Gujrat, through his judgment dated 20-1-1985. Civil Revision No,613-D of 1985 filed by the respondents before the Lahore High Court was accepted to the extent of 1/6th share by a learned Single Judge through the judgment dated 28-6-1999, impugned herein. Hence, this petition for leave to appeal.
3. Learned counsel for the petitioner has half-heartedly contended this matter. He has admitted that the respondents are legal heirs. All the Courts below have held the respondents entitled but non- suited them simply on the ground of limitation. The learned Single Judge of the Lahore High Court, after appreciating the entire record, has allowed the respondents their 1/6th share in the land in dispute. Learned counsel for the petitioner has failed to point out illegality or irregularity in the impugned judgment. The learned Single Judge of the Lahore High Court has given to the respondents their admitted legal share.
4. ' Resultantly, for what has been stated above, the instant petition being devoid of any force is dismissed and leave declined.