Supreme Court CPLA Leave Grant in 45-Acre Ancestral Land Partition

Civil Petition for Leave to Appeal (CPLA) under Article 185(3)

Forum: Supreme Court of Pakistan (Principal Seat Islamabad)
Statutes Invoked: Article 185(3) of the Constitution of 1973, Muslim Personal Law (Shariat) Application Act 1962, Partition Act 1893.

Case Overview & Gender Exclusion Dispute

In a protracted dispute spanning three decades concerning 45 acres of prime agricultural land in Swat Valley, male collaterals attempted to exclude female legal heirs by relying on an oral relinquishment agreement (Dastbardari) allegedly executed fifty years prior. The High Court had erroneously upheld the exclusion on technical grounds of limitation.

Apex Court Appellate Advocacy

Appearing before the Supreme Court Bench, our Senior Advocate Supreme Court argued binding constitutional doctrines:

• Under authoritative Supreme Court precedents, limitation does not run against a co-heir; possession of one co-sharer is deemed possession of all.
• Oral relinquishment of Shariat inheritance shares by female heirs violates public policy, Islamic injunctions, and Article 25 of the Constitution.
• The subordinate courts committed gross misreading of revenue mutations (Intiqalat) entered without the physical appearance of the female co-sharers before the revenue officer.

Judicial Outcome

The Supreme Court granted leave to appeal, formulated substantial questions of law of public importance, and issued an immediate stay order restraining the respondents from alienating, leasing, or creating third-party charges over the disputed estate.