Law:

Section:

Specific Relief Act (I of 1877)-------S.42---West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), S. 2-A, proviso---Constitution of Pakistan, Art.185(3)---Declaration of title---Past and closed transaction, principle of---Applicability---Delivery of possession---Procedure---During execution of decree passed in favour of respondents by Civil Courts, revenue authorities while relying upon S.2-A of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, declined to attest mutation in their favour---Validity---Decree of Trial Court stood executed on 5-1-1982, after pronouncement of of Supreme Court on 14-11-1981---Any correction in allotted shares by acceptance of review petition did not re-open past and closed transaction on the ground of non-delivery of actual physical possession as Dakhal Malkana (possession as owner) had been given to respondents on 14-7-1981---On passing of decree as modified by Lower Appellate Court, respondents became co-sharers in suit property thus only joint possession could be delivered as the property was not susceptible of physical possession---Decree in favour of respondents stood executed on 1-8-1983 through sanction of mutation and delivery of possession by way of "Dakhl Malkana" before enforcement of S.2-A of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962---Delivery of actual physical possession was not necessary to make decree in favour of respondent as past and closed transaction in terms of proviso to S.2-A of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962---Supreme Court declined to interfere in passed by High Court in exercise of Constitutional jurisdiction, in favour of respondents---Leave to appeal was refused. Sh. Iftikhar Ahmed, Advocate Supreme Court for Petitioner. Respondents Nos. 1 to 5 in person. ORDER M. JAVED BUTTAR, J.---Relevant facts are that one Ali Bahadur Khan was the last male holder of land measuring 298 kanalas, 12 marlas situated in village Peero Shahi, Tehsil Fateh Jang, District Attock. It was an ancestral property and he was governed by custom. He was issueless. He transferred the said land in favour of his wife Mst. Sardar Khanum in…

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