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1927 Supreme(Lah) 75

JAI LAL
Fateh Ali Shah – Appellant
Versus
Muhammad Bakhsh – Respondent


JUDGMENT

Jai Lal, J. - The original owner of the property in dispute in this appeal was one Muhammad Hamid Shah, a Gardezi Sayed of Multan City. He belonged to the Shiah sect and had four wives at the time of his death which occurred some time in the year 1900. Two of his wives namely, Mt. Mughlani Bibi and Allah Wasai were prostitutes before heir marriage with Muhammad Hamid Shah while the other two, Mt. Umarao Bibi and Mt. Jindwaddi, belonged to the family of Sayads. On 1st October 1896, Muhammad Hamid Shah made what purports to be a gift of certain properties both movable and immovable, in favour of his wife Mt. Mughlani Bibi. The latter gifted a part of immovable property in favour of her brother's son Muhammad Bakhsh and Ali Muhammad, but we are not concerned with that property in this litigation. Mt. Mughlani Bibi died on 16th June 1913 leaving immovable property which is the subject of dispute in the present appeal. A part of this property had been mortgaged by Muhammad Hamid Shah before the gift in favour of Mt. Mughlani Bibi and has since been in possession of the mortgagees. After the death of this lady possession of such of the immovable property as was in her actual poss

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