| Citation(s) |
|---|
| 1974 SLG 3109 = 1974 SLD 3109 = 1974 PLD 18 |
Quetta High Court
Regular Second Appeals Nos. 4 and 5 of 1971 and Civil Appeals Nos. 15, 16 and 17 of 1972, decided on 3rd October 1973.
Presented By: Dorab Patel, J
Munawar Ahmed for Appellants (In R. S. As. Nos. 4 and 5/71)
Respondent No. 1 in person (in R. S. A. No. 4/71). Basharatullah for
Respondents Nos. 2 to 6 (in R. S. A. 4/71). Muhammad Akbar for
Respondent No. 1 (in R. S. A. No. 5/71). Basharatullah for
Respondent No. 2 (in R. S. A. No. 5; 71). Munawar Ahmed Mirza for
Respondents (in C. Rs. Nos. 15/72 and 16/72).
Regular Second Appeals Nos. 4 and 5 of 1971 and Civil Appeals Nos. 15, 16 and 17 of 1972, decided on 3rd October 1973.
Presented By: Dorab Patel, J
Munawar Ahmed for Appellants (In R. S. As. Nos. 4 and 5/71)
Respondent No. 1 in person (in R. S. A. No. 4/71). Basharatullah for
Respondents Nos. 2 to 6 (in R. S. A. 4/71). Muhammad Akbar for
Respondent No. 1 (in R. S. A. No. 5/71). Basharatullah for
Respondent No. 2 (in R. S. A. No. 5; 71). Munawar Ahmed Mirza for
Respondents (in C. Rs. Nos. 15/72 and 16/72).
R. S. A. No. 4 of 1971 ABDUL RAZIQ AND 19 OTHERS-Plaintiffs-Appellants
VERSUS
KHUDAIDAD AND 5 OTHERS-Defendants-Respondents R. S. A. No. 5 of 1971 ABDUL RAZIQ AND OTHERS---Plaintiff-Appellants versus Babu GHULAM RASUL AND ANOTHER-Respondents C. Rev. No. 15 of 1972 Mst. SAID BIBI AND 4 OTHERS-Petitioners versus KHUDAI DOST AND 20 OTHERS-Respondents C. Rev. No. 16 of 1972 Mst. SAID BIBI AND 4 OTHERS-Petitioners versus Babu GHULAM RASUL AND 21 OTHERS-Respondents AND C. Rev. No. 17 of 1972 Mst. SAID BIBI AND 4 OTHERS-Petitioners versus KHUDAI DAD AND 21 OTHERS-Respondents
Law: West Pakistan Muslim Personal Laws (Shariat) Act, 1962
Section: 2
Law: General Clauses Act, 1956
Section: 3(23)
(a) Pre-emption Right of pre-emption (under Hanafi Law)-Neither heritable nor survives death of pre-emptor-No statute governing pre?emption in Baluchistan Province-Right of person claiming pre?emption governed by Hanafi law and reliance on custom or riwaj misconceived. Allah Dad and another v. Hukam Dad and others P L D 1960 Lah. 900 ref. (b) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) -S. 2-Words "subject to provision of any enactment for the time being in force"-Word "enactment" paeans statute and does not include a custom even if a custom has been recognised by Courts-West Pakistan General Clauses Act (VI of 1956), S. 3(23). (c) Interpretation of statutes Duty of Court-To construe intention of Legislature and give effect to it. Dates of hearing : 17th, 18th and 19th August 1973. JUDGMENT DORAB PATEL, J.-The common question in these two second appeals and three Revisions is whether a pre-emptor's right to pre-empt agricul?tural land passes on his death to his legal heirs under Hanafi law. As these appeals and Revisions have been heard together, I will dispose them of by this judgment, and for convenience I will refer to the applicants also as the appellants. 2. In the events that happened five suits had been filed in the Court of the Civil Judge, Quetta, for pre-emption of agricultural land in Tehsil Quetta and as in all these suits the pre-emptor died before he as in all these suits the pre-emptor died before he could obtain a decree in his favour applications were filed for impleading his legal heirs. No evidence was given in any of these suits about the sect of Islam of the deceased's pre-emptor. However, the claim of all the legal heirs who sought to be deceased's…