The Supreme Court on Wednesday has ruled in favour of a widow who migrated to Pakistan from India, holding that the property claimed by the opposing parties had never been owned by her deceased husband.
SC rules in favour of widow migrant from India in property dispute
ISLAMABAD, Sep 09 (APP):The Supreme Court on Wednesday has ruled in favour of a widow who migrated to Pakistan from India, holding that the property claimed by the opposing parties had never been owned by her deceased husband.
Justice Jamal Khan Mandokhail authored the judgment, in which the apex court observed that it was an admitted fact that Abdul Karim had died before the creation of Pakistan.
The judgment said Abdul Karim’s widow had personally applied for allotment of land for her permanent settlement in Pakistan as a displaced widow.
The court observed that the land over which the parties had claimed shares had never been owned by Abdul Karim. Rather, the property had been allotted to a homeless migrant widow for her rehabilitation in Pakistan.
According to the judgment, the opposing parties had neither claimed that they had migrated from India nor presented themselves as displaced persons.
The court held that a relative of the deceased Abdul Karim could claim property only to the extent of land left behind in India.
The Supreme Court consequently set aside the trial court’s order passed in 2000 as well as the High Court judgment delivered in 2014.
