Law:

Section:

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----Ss. 3 & 5---Specific Relief Act (I of 1877), S.42---Suit for declaration---Plaintiff had sought declaration to the effect that he and other legal heirs of deceased last full owner, were entitled to the Shari share in legacy of the deceased who died issueless and that mutation attested solely in favour of the widow of the deceased, before independence was ineffective on the rights of the plaintiffs---Suit filed by the plaintiff was concurrently dismissed by the courts below---Validity---West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, which was promulgated on 31st of December 1962, was made the rule of decision, in the matters of inheritance, notwithstanding any custom or usage in vogue in the society---By virtue of S.3 of said Act all the limited estates, held by females under the custom, law, were terminated, and the life estates so terminated under S.3 of the Act, by operation of law, were to devolve in pursuance of S.5 of the Act, on such persons who were entitled to succeed under the Muslim Personal Law, upon the death of last full owner---Entitlement of such female limited owners in the legacy of last full owner, under the Muslim Personal Law (Shariat) Application Act, 1962, however, was protected---Limited estates, held by all the Muslim females under custom, were terminated by operation of law and were restored to the actual legal heirs of the last full owners---Plaintiffs and other legal heirs of deceased had become owners of his legacy to the extent of 3/4th share, excluding 1/4th share of the widow of the deceased, who died issueless---Rights ensuing from the statute, would prevail against the mutation or any entry in the Revenue Record, based thereon---Courts below had non-suited the plaintiff without considering the legal aspect of the case in the light of its factual backdrop; and had committed gross illegality while rendering the impugned s, which were not tenable---Impugned s were set aside to the effect that 3/4th share from the legacy of deceased would go to the plaintiffs and pro forma defendants being the descendents of his brothers,…

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