When a Muslim dies, his legal heirs become owners of his estate at the very moment of his death to the extent of their shares as determined by shariah. Sadly, the petitioner deprived his siblings of their inheritance and managed to do so for about twenty two years compelling an heir to file a suit to claim what was legally theirs. The petitioner then filed a frivolous appeal and followed it with a frivolous revision, which he did not want to get decided. The judgment of the learned Civil Judge is legally sound. And, with regard to the aforesaid points, no tenable rebuttal was forthcoming. In these circumstances, it would be highly unfair to keep legal heirs deprived of what they are entitled to, both under the law of Pakistan as well as under the law of Almighty Allah by permitting the petitioner to continue to abuse the process of the law and unnecessarily procrastinate matters.
Long before the promulgation of the Contract Act, 1872, the Transfer of Property Act, 1882 and the Evidence Act, 1872 (replaced by the Qanun-e-Shahadat, 1984) the Holy Qur’an had prescribed that such contracts should be in writing (Al-Baqarah (2) verse 282), yet it is surprising that many Muslims even after fourteen centuries do not abide by this important instruction of their religion. An oral contract, by its very nature, is difficult to establish. Since the terms of an oral contract are not self-evident, the plaint seeking the enforcement of an oral contract must set forth the contract’s requisite ingredients, including when the sale consideration and/or its balance is to be paid, which the plaint did not disclose. Therefore, the suit could have been dismissed on this ground alone.