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

Section: 2, 3

Law: Constitution of Pakistan, 1973

Section: 199

Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act (XXV of 1975) Ss. 2 & 3---Constitution of Pakistan (1973), Art.199---Constitutional petition---Forum deciding effect of provisions of S.3, Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975-- Dispute with regard to pendency of proceedings under S.2 of Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975, before Assistant Commissioner---Validity---Forum before which the application under S.2 of the Act was pending was to decide as to the effect of S.3 of Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975---Where the decision rendered was that the application was competent, the same would be heard and decided on merit and where the forum concluded that the parties should go to Civil Court, the order would be passed accordingly---Maintainability of petition under S.2 of Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975 was to be examined under S.3 of the Act by the forum concerned which was to render the decision in accordance with law. Date of hearing: 9th December, 1999.                                                                                                                                                                             JUDGMENT This judgment will dispose of Writ Petition No.547 of 1976. 2. Facts as stated in the petition are that Mst. Dooli widow of Niamat Khan, a displaced person from Hushiarpur (India) inherited property of her husband according to the custom as limited owner, her husband died before partition, she succeeded, according to custom as a limited owner before partition, after partition she…