Law:

Section:

Constitution of Pakistan (1973)-----Art. 185(3)--Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)(as amended by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)]--Inheritance-Agricultural land--Alienation under custom--Parties Muslim and property in dispute inherited by them from their Muslim fathers--Parties, held, would be deemed to have inherited property under Muslim Law regardless of fact whether both or either of them died before promulgation of 1948 Act and no suit challenging alienation made by any such landowner would be set aside on basis of custom--All pending proceedings in that behalf, held further, would be deemed to have abated. C. P. S. L. A. No. 1145 of 1980 S. Inayat Hussain, Advocate-on-Record for Petitioners. Nemo for Respondents C.P.S.L.A. No. 1151 of 1980 Ch. Muhammad Ashraf, Advocate Supreme Court and S. Wajid Hussain, Advocate-on-Record (absent) for Petitioners. Raja Muzaffar Ahmad, Advocate Supreme Court and Tanvir Ahmad, Advocate-on-Record for Respondent No. 2. Date of hearing: 2nd September, 1985. ORDER MUHAMMAD AFZAL ZULLAH, J.--The question of law involved in both these cases is the same, therefore, they are being disposed of together. In C.P. No. 1145 of 1980, the petitioner filed a suit (out of which this petition has arisen) challenging an alienation of agricultural land made by one Saeed son of Zamindar on the ground available under Customary Law that the land being ancestral it was without consideration and necessity. The declaration and relief sought has been refused with regard to the land now in dispute. Therefore, leave to appeal has been sought. In the other case, C.P. No. 1151 of 1980, Ahmad Ali son of Labhu having died, the question arose whether he died before the promulgation of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1948, so as to involve inheritance under Custom or after the said promulgation and consequential inheritance would be governed by Shariah. Findings of fact were rendered (against the contention of the petitioner side) to the effect that he died after the said promulgation. And accordingly the inheritance was correctly determined…

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