Law: Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975

Section: 3 , 199

Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act (XXV of 1975)--- ----S.  3---Constitution  of  Pakistan  (1973),  Art. 199---Constitutional petition-- Conditions precedent for invoking S. 3 of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975---Alienation or order of succession with regard to any property allotted to a refugee female in lieu of property abandoned by her in India---Validity---Condition precedent for invoking S. 3 of the Act was that transfer could not have been challenged earlier---Petitioners having already challenged transfer in question twice, their application for permission to file fresh suit was not competent---Constitutional petition was dismissed in circumstances. Additional Settlement Commissioner (Land), Sargodha v. Muhammad Shafi and others PLD 1971 SC 791 rel. Ch. Nazar Hussain for Petitioners. Nemo for Respondents Nos. 1 to 3. M.A. Zafar for Respondents Nos.4 to 8 Date of hearing: 5th December, 1995: JUDGMENT   The relevant facts for the decision of this Constitutional petition are that Mst. Hurmatey widow of Karim Bakhsh was allotted disputed land, which was sold by her vide Mutation No. 160 dated 13-9-1962 in favour of Abdul Rehman respondent No.8 and Abdul Aziz, father of respondents Nos.4 to 7. The petitioners filed an application under section 3 of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Ordinance, 1975. The application was treated as appeal and was dismissed by the A.C., Sammundri, District Faisalabad vide order dated 4-5-1977, which was assailed through an appeal before the Additional Commissioner but the appeal was dismissed on 1 11-1977 while the revision was dismissed by respondent No. l vide order dated 22-6-1980. Thereafter the petitioners filed the present Constitutional petition, which was admitted to hearing and notice was issued to the respondents. Respondents Nos.4 to 8 have appeared through Mr. M.A. War, Advocate while respondents. Nos. l to 3 reported that Government interest is not involved, therefore, their presence is not necessary. The learned counsel for the petitioners…