Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Custom (Punjab)--   --- Constitution of Pakistan (1973), Art. 185(3)--Succession--Leave to appeal granted to consider question whether the High Court and the District Judge had correctly interpreted the Custom applicable to predecessor of the parties.   (b) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--   ---S.2-A [as inserted by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983) ]--Custom (Punjab)-­Succession--Will--Suit by respondent, daughter of last male-holder, for possession of land equal to less than 1/20th part of entire property left by her father on the basis of a Will executed on 30-10-1940 in her favour, dismissed by Trial Court holding that her father was not competent to make a gift of any part of his property in her favour-­District Judge on appeal decreeing suit holding that under the Custom there was no restraint on the last male-holder in giving a small portion of his property to his daughter by way of gift and High Court in second appeal affirming the finding of District Judge--West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 coming into force during pendency of appeal by which S.2-A was inserted in Ordinance of 1962--Provision of S.2-A being retrospective in effect, last male-holder had to be treated as one who at time of his death was governed by Muslim Personal Law-­Respondent, under Muslim Personal Law, being one of the heirs, could not take advantage of the Will without the consent of other heirs--Claim of respondent to the land in dispute on basis of Will, in absence of consent of other heirs, must be rejected--Applying Muslim Personal Law, respondent would have been entitled from estate of her father to more land than what was given to her in the Will--Parties having been engaged in litigation for more than 30 years, it would not be appropriate to drive them to another round of litigation--Case, in circumstances, held, was not a fit one for Supreme Court to interfere with and decree under appeal JUDGMENT SAAD SAOOD JAN, J.- This appeal by special leave arises in the following circumstances. One Maula Bakhsh was owner of…

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