Mst. Naheed Shah Afridi and another; Mst. Islam Bibi v. Muzaffar Shah Afridi and others

Background

Background

Supreme Court requires a civil court reference where women's property claims need evidence, and rejects dismissal merely because a suit is pending.

The wife and daughters of Rehmat Shah Afridi sought possession of approximately 39 kanals in Bara. A competing family title claim, disputed gift, occupation by another branch of the family and the need to determine shares prevented summary resolution.

Legal questions

Legal questions

Should an intricate women's property dispute be decided summarily, dismissed because a suit is pending, or referred to the competent civil court under the 2019 Act?

Court holding

What the Court decided

The summary jurisdiction enforces clear or readily ascertainable ownership and possession or entitlement to possession. Intricate title disputes requiring evidence must go to the civil court through a section 6 reference. Section 7 permits a complaint despite pending proceedings; pendency does not itself justify dismissal.

Final outcome

Final outcome

Petitions converted into appeals and allowed. The High Court and Ombudsperson orders were set aside. The complete complaint record must be sent to Civil Judge-I, Bara, District Khyber, as a section 6 reference; the parties are to be called within fifteen days after receipt.

Practical effect

What the decision means in practice

The women obtained a civil court route for adjudication, not an immediate award of title or possession. The complete complaint record must be sent to the court at Bara as a reference.

This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.

Key legal principles

Key legal principles

• Summary enforcement requires clear or readily ascertainable title and possession or entitlement to possession.
• Detailed evidence and intricate title questions require a section 6 reference to the competent civil court.
• Section 7 allows a complaint despite pending proceedings and requires statutory coordination.
• The High Court hearing the statutory appeal should consider the corresponding reference powers rather than simply dismissing the complaint.