Law: Constitution of Pakistan, 1973

Section: 201

Law: Constitution of Pakistan, 1973

Section: 201

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: 19,30

Law: Muslim Personal Law (Shariat) Application Act, 1962

Section: 2A

(a) Constitution of Pakistan-------Art. 201---Findings of Division Bench of High Court---Scope---Single Bench of same court could not substitute such findings. (b) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ---S. 2-A---Punjab Muslim Personal Law (Shariat) Application (Removal of Doubts) Ordinance (IX of 1972), S.2(2)---Colonization of Government Lands (Punjab) Act (V of 1912), Ss.19 & 30 ---Specific Relief Act (1 of 1877), S.42---Suit for declaration---Succession to State-land after death of its tenant---Deceased tenant died in year in 1934 leaving behind a widow, brother and sister---Mutation of inheritance of deceased tenant attested in year 1934 in favour of his widow, who acquired proprietary rights in suit-land in year 1951 through registered sale deed---Brother of deceased tenant claimed that widow was limited owner of the suit-land, and she ceased to be its owner on account, of her re-marriage---Dismissal of brother's first suit for non ­prosecution---Brother's second suit on ground of another marriage by widow dismissed upto High Court---Suit by legal heirs of the brother of deceased tenant (plaintiffs) claiming to be entitled to inherit suit-land by virtue of S.2-A of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962; and that decisions of the previous suits were not binding upon them---Validity---Plaintiffs for being legal heirs of such brother of deceased tenant had stepped into his shoes, thus, they would be bound by decisions of such previous suits and could not claim fresh cause of action due to insertion of S.2-A in the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, when their predecessor had not taken any step after insertion thereof---Widow, after getting possession of suit-land had 'transferred same to others through oral gift---Provision of S.2-A of the Act would not apply to a past and closed transaction as the present one---Plaintiffs for not having challenged registered sale deed in favour of widow could not challenge subsequent events---Plaintiffs' claim in the present suit and their predecessor's claim in such previous suits was same, thus, dismissal of such previous…

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