Law: Muslim Personal Law (Shariat) Application Act, 1962

Section: 2A

Law: Constitution of Pakistan, 1973

Section: 185(3)

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--S. 2-A [added by West Pakistan Muslim Personal Law Act (Amendment) Ordinance (XIII of 1983)]---Constitution of Pakistan (1973), Art. 185(3)--­Leave to appeal was granted to consider the contention that before S.2-A was added to Act V of 1962 by amending Ordinance XIII of 1983, petitioners had already obtained possession of land and therefore, factum of possession being a past and closed transaction was not hit by provision of S.2-A of Act V of 1962; and also to consider whether in the facts of the case, ratio of Ilam Din's case reported as 1991 SCMR 1911, had been correctly applied. ORDER SALEEM AKHTAR, J.---The petitioners seek leave to appeal against the judgment of the High Court whereby the High Court held that in view of Ilam Din and others v. Muhammad Ashfaq (1991 SCMR 1991) and section 2 of Ordinance XIII of 1983 the proceedings including suit and appeals have abated. 2. Briefly the facts are that Khuda Bakhsh, predecessor-in-interest of the petitioners filed a suit in the Court of Civil Judge, Jauharabad for a declaration that the gift of land measuring 84 Kanals and 6 Marlas made by Khanjar Khan deceased in favour of Falak Sher by…

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