Law:

Section:

Punjab Law Act, 1872-- ----S. 5--Muhammadan Law--Question of restriction--Fundamental right--Law of Shariah--Justified--The question whether restriction on the alienation would be justified and would not be in conflict to the fundamental right of a person and law of Shariah, would also require examination. Leave to appeal is accordingly granted. [P. 154] A 1974 SCMR 341. Order Iftikhar Muhammad Chaudhry, C.J.--These petitions have been filed for leave to appeal against the judgment dated 2.2.2005 passed by Lahore High Court, Multan Bench. 2. Precisely stating the facts of the cases are that Ghulam Mustafa, predecessor-in-interest of the petitioners, originally a hindu by faith, converted to Islam in 1947. The Hindu name of Ghulam Mustafa was Easher Mal and on death of his father, the mutation of inheritance of the landed property left by his father was sanctioned in his name on 30.1.1928. In consequence to his conversion to Islam, a mutation in respect of change of his name was attested on 18.4.1948 and entries in the revenue record were made accordingly. Subsequently; Ghulam Mustafa made certain alienations of his land during the period between 1958 to 1965, in favour of respondents. The petitioners, successor in interest of Ghulam Mustafa during his life time filed separate suits in 1981 wherein they sought a declaration that their father was limited owner under custom and alienations of the property made by him were contrary to the customary law. Ghulam Mustafa in the written statement filed by him pleaded that he was a Muslim and after enforcement of West Pakistan Muslim Personal Law (Shariat) Application Act 1948, the property owned by him would no longer be subject to the provisions of customary law and transactions of sale were made by him as full owner. The petitioner on death of Ghulam Mustafa filed an amended plaint and also sought a decree for the possession of the suit land. However, the learned trial Court vide judgment dated 19.3.1989 dismissed the suits being barred by time and also for the reason that the title of the defendants who were bona fide purchasers for valuable consideration was protected under law. In appeals filed by the petitioners…

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