Law:

Section:

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)-------Ss. 2-A, 3 & 5 [as amended by Punjab. Muslim Personal Law (Shariat.) Application Act (Amendment) Ordinance (XIII of 1983)]---Person holding the entire land as last male owner under Custom since 1927 was to be deemed to be the absolute owner under S. 2-A---Plea that proviso to S. 5 of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 entitled the female to inherit the share under the Sharia, in circumstances, was not relevant as S. 5 of the Act would come into play where the life estate terminated under S.5 ---Where life estate of female terminated on her death which took place on 18th March, 1923, the property by virtue of S. 2-A vested absolutely in the last male owner who was predecessor-in-interest and suit against such male owner as such in the presence of Section 2-A was not maintainable. In the present case "M" held the entire land as last male owner under custom since 1927 and as such under section 2-A of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 was deemed to be the absolute owner. The plea that proviso to section 5 of the Act of 1962 entitled the female to inherit the share under the Sharia in the present context was not relevant as section 5 came into play where the life estate terminated under section 3. Section 3 provides for termination of life estate with effect from 31st December, 1962. In the present case the life estate of Mst. K admittedly terminated on her death which took place on 18th March, 1923. The property by virtue of section 2-A of the Act vested absolutely in M, predecessor-in-­interest of the defendant and the suit as such in the presence of section 2rA was not maintainable. Abdul Ghafoor v. Muhammad Shafi PLD 1985 SC 407 ref. Suba v. Mst. Fatima Bibi 1992 SCMR 1721; Muhammad Malak v. Mst. Rabia Bibi 1987 CLC 1201 and Abdullah v. Mst. Bakhto Mai PLD 1956 SC (Pak.) 321 distinguished. Rana Muhammad Sarwar for Petitioners. Ch. Hamid-ud-Din for Respondent No.3. Azmat Saeed for Respondents Nos. 4, 6 to 9. Jahangir A. Jhoja for Respondents Nos. 10 to 15. Respondent No.5 in person. Dates of hearing: 5th and 6th…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492