Justice Qazi Faez Isa ruled on Friday that male members of the family should not deprive the female members by using litigation as a means of delay.

Passing judgement in a case where a brother had deproved his sister and mother of inheritance, Justice Isa said that many men file cases with the intention of keeping property in their custody as the case drags on.

“The appellant proceeded on the assumption, like some male heirs do, that even if theyeventually lose the case they would still get the usufruct of the land by illegally retaining its possession over the years spent in litigation,” Justice Isa wrote in his order.

He also said that this belief stems from the fact that many women do not have the resources to fight their case in court.

Justice Isa slapped a fine on Muhammad Rafiq who had approached the court in an appeal against a Lahore High Court verdict awarding property to his mother and sister. Justice Isa ordered that the appellant should pay the respondents Rs500,000 and the amount should be deducted from land revenue if not paid.

The judge also told the appellant that hiding behind the argument that the property had changed ownership by virtue of being ‘gifted’ was frivolous because the appellant had not furnished any proof of the gift deed’s authenticity. He also ruled that just because revenue authorities had accepted the gift deed without due diligence, did not mean that it was authentic.

He also told the counsel of the appeallant that they should not aid or advise people in illegal actions.

“We would want to say that learned counsel should reflect on how best to advise his clients, and not become an instrument to perpetuate injustice.”