Case Details

Citation(s)
1991 SLD 1666 = 1991 CLC 1304
Lahore High Court
First Appeal from Order No.34 of 1978, decided on 8th April, 1991.
Presented By: Before Khalil-ur-Rehman Khan, J
-------Mian Saeedur Rehman Farrukh for Appellant. Maqbool Sadiq for
Respondent.

MUHAMMAD HANIF --- Appellant

VERSUS

MUHAMMADANWAR. --- Respondent

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

Section: 2

West Pakistan Muslim Personal Law (Shariat) Application Act (v or 1962)--- ---- S.2-A [as amended by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)] --- Allotment of land obtained by allottee in lieu of ancestral land held by him in India --- Proprietary rights in respect of such land vested in allottee since 1964 and he sold the said land in 1970 and 1971 --- Allotment of land made to allottee being a grant he was not holding same under custom and custom thus no longer applied to him when he sold land in 1970 and 1971 --- Matter having ended by S.2-A, all suits and other proceedings based on custom challenging such transaction pending in any Court had abated. Syed Abdur Rashid v. Pakistan P L D 1962 Lah. 42 ref. Mian Saeedur Rehman Farrukh for Appellant. Maqbool Sadiq for Respondent. Date, of hearing: 8th April, 1991. JUDGMENT This judgment will dispose of this appeal as well as another appeal (FA.0.35/78) as the questions of law and facts involved in both these appeals are one and the same. These appeals were directed against the order of remand dated 15-11-1977, whereby the judgment and decrees dated 23-12-1976 dismissing the suits filed by the reversioners under custom were set aside and the learned trial Court was directed to record evidence of the parties on issues No.3 and 4 and decide the suits afresh. The suits filed by the respondents were based on the assertion that Fateh Muhammad, their father, held ancestral land in India and on migration to Pakistan the land which was allotted…
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