Law: West Pakistan Muslim Personal Laws (Shariat) Act, 1962 

Section: 2

West Pakistan Muslim Personal Law (Shariat Application) Act (V of 1962)--- ----S. 2-A (as added by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)---Plaintiff challenged sale of land in dispute claiming that sale in favour of defendants was void and ineffective against his rights under Custom --- Suit filed by plaintiff was finally decreed against which appeal was filed by defendants/vendees --- Appellants/defendants urged that decree in favour of respondent/plaintiff had become a nullity in view of Provisions of S.2-A of Ordinance---Meeting said objection respondents urged that they were Ahmadis/Qadianis and being non-Muslims could not be governed by Provisions of the Ordinance --- Said point having been raised first time in appeal required determination --- Question whether plaintiff/respondents were Ahmadis/Qadianis at relevant time, being question of fact, could only be determined after recording evidence --- High Court setting aside findings of Court below remanded case to Trial Court to decide issue whether respondents were Ahmadis at relevant time allowing parties to produce evidence in that respect. Ch. Muzamal Khan for Appellants. Muhammad Aslain Bhutter for Respondents. Date of hearing: 12th March, 1991. JUDGMENT This appeal arises out of the suit for declaration filed by respondent No.1 on 18-2-1969 in the Civil Court Daska. The plaintiff/respondent No.1 had challenged sale of land measuring 32 Kanals 7 Marlas made by Allah Dad deceased respondent No.2 (now represented by his legal heirs) in favour of Saeed Ahmad, deceased predecessor-in-interest of the appellants. He had claimed that the sale was void and ineffective against his reversionary rights under the Customary Law. The suit was resisted by the predecessor-in-interest of appellants Nos.1 to 4. However, the trial Court decreed the suit vide judgment and decree dated 4-11-1971. On an appeal filed by the predecessor-in-interest of the appellants the learned District Judge, Sialkot set aside the judgment and decree of the trial Court and remanded the suit for a fresh decision vide his judgment and decree dated 28-10-1975. After remand the trial Court dismissed…