Law:

Section:

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2---Civil Procedure Code (V of 1908); S.11 --- Inheritance --- Res judicata---In first round of litigation fought out on merits between the parties in respect of land left by deceased, Trial Court, had decided that deceased was Shiite, and his brothers in presence of his widow and daughters were not entitled to share his property---Basis of previous suit like the present it was application of custom to the succession of land/property of-deceased ---Fact that deceased was governed by custom was not denied---Deceased. was admitted to have been survived by a widow and two daughters---Widow, under custom was entitled to succeed to the property of her husband on a usual life tenure and same must have happened in present case, absence of mutation notwithstanding---Widow died in 1965, but before that event Act V of- 1962, had taken the field which terminated life estates of females for opening out of succession and distribution in accordance with S.3 of the Act---Last male owner being Shia, his widow and daughters were his only heirs and his brothers had no claim in inheritance---Judgment and decree of Trial Court comprising facts stated herein were affirmed by First Appellate Court and High Court--­ Fate of the present suit, same having been instituted on the same cause of action, between same parties relating to the same subject-matter, and appeal arising out of such shit; was effectively sealed by a binding determination given in the previous suit between the parties ---Factum of res judicata, having been established, suit was rightly deemed to be barred by the Trial Court. (b) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2-A [added by West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XII1 of 1.983))---Devolution of property of deceased---Deceased was admitted to have died as a Shia ---Deceased as per provision of S.2-A, added to Act V of 1962, by Amending Act XIII of 1983, by a fiction of law, would be deemed to have taken the land under Muslim Personal Law (Shariat) Application Act---Deceased's source of…

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