Law:

Section:

Muslim Family Laws Ordinance, 1961 (VIII of 1961)-- ----S. 4--Constitution of Pakistan, 1973, Art. 203-D(2)--Decision of Federal Shariat Court--Succession--Provision of law to be repugnant to injunction of Islam has to specify a date on which the is take effect--Appeal against the of Federal Shariat Court was pending before Shariat Appellate Bench of Supreme Court--Preliminary decree be declared to be void--Plaintiffs were not legal heirs--Validity--Children of the pre-deceased son were entitled to receive the share of their father in the estate of deceased--Held: Under Art. 203-D (2) of the Constitution, Federal Shariat Court while declaring any provision of law to be repugnant to injunctions of Islam has to specify a date on which the is to take effect--Such a date specified by Federal Shariat Court in the --Preliminary decree was passed by trial Court on 14.4.1996 and affirmed by Supreme Court 7.11.1994--Held: Decision of FSC shall not be deemed to take effect wherein an appeal has been preferred to Supreme Court before the decision of the appeal--Revision was dismissed. THIS JUDGMENT DELIVERED BY: MAULVI ANWARUL HAQ, JUSTICE---.--- For purposes of this judgment, reference to the pleaded facts in detail would not be necessary. Suffice it to say that Respondents No. 1 to 5 (hereinafter to be referred to as the plaintiffs) filed a suit against the petitioner and the other respondents. According to the plaint, the last male owner of suit land was Zain-ul-Abidin and the plaintiffs are the widow and children of his son Nasir-ud-Din who pre-deceased his father on 27.8.1965 whereas Zain-ul-Abidin died on 28.1.1972. They accordingly claimed the share of the said son of Zain-ul-Abidin in his estate. Only the petitioner contested the suit. The plea was that the plaintiffs are not the legal heirs of Zain-ul-Abidin. Issues were framed. Evidence of the parties was recorded. The plaintiffs were found entitled to 7/52 share in the said house. A preliminary decree was accordingly passed on 14.4.1990. An appeal filed by the petitioner was dismissed by a learned ADJ, Lahore, as barred by time on 1.9.1990. C.R. No. 827/91 was dismissed by this Court on 7.11.1994, thereafter…

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