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1943 Supreme(SC) 43

SIR GEORGE RANKIN, LORD ATKIN, LORD ROMER
MIAN SALEH MOHAMMAD SHAH – Appellant
Versus
SAYYAD ZAWAR HUSSAIN SHAH – Respondent


Advocates:
Solicitors for appellant:Hy. S. L. Polak & Co. Solicitors for respondents: Hardcastle Sanders & Co.

Judgement Key Points

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Judgement

Consolidated Appeal (No. 52 of 1942) from two decrees of the High Court (May 27, 1940), which reversed the decision of the Senior Subordinate Judge, Jhang, and varied the decrees of that court (February 28, 1939).

The following facts are taken from the judgment of the Judicial Committee, In this consolidated appeal the question was whether the appellant on the death in 1934 of his mothers sister, Sat Bharai, became entitled to the whole of certain extensive immovable properties in the Jhang district of the Punjab which had formerly belonged to his maternal grandfather, Hassan Shah, or only to a half-share therein, ||

36 Law. Rep. 71 Ind. App. 14 ( 1943- 1944)

Mian Saleh Mohammad Shah V. Sayyad Zawar Hussain Shah 137

the other half-share having devolved on Sardar Bibi, the respondents mother.

Hassan Shah (d. 1893).

|

| | | | |

Jindwaddi Nur Bhari Sat Bharai Allah Jowai Mahmud

(widow ; (widow ; d. (wife ; (widow ; d. Khatun

d. 1911). 1918, predeceased 1905, (widow ;

| issueless). Hassan issueless). d. 1893).

| Shah).

|

| | | Allah Yar

Bakht Bhari Sat Bharai | Shah (d.

(daughter) (daughter) | 1894).

(m. Khuda (d. |

Yar Shah ; unmarried |

predeceased 1-2 May, |

Jindwaddi). 19











































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