| Citation(s) |
|---|
| 1994 SLG 1479 1994 SLD 1479 1994 PLD 259 |
Lahore High Court
Civil Revision No. 779/D of 1984, heard on 8th February, 1994
GUL ZARIN KIANI, J
Abdul Majid Malik for Petitioner. Khawaja AzizurRehman for
Respondents Nos. 1 to 8
Civil Revision No. 779/D of 1984, heard on 8th February, 1994
GUL ZARIN KIANI, J
Abdul Majid Malik for Petitioner. Khawaja AzizurRehman for
Respondents Nos. 1 to 8
REHMAT ALI
VS
SOOBA KHAN and 25 others
Law:
Section:
West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2-A [added by Punjab Muslim- Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983)]---Civil Procedure Code (Y of 1908), S.115---Constitution of Pakistan (1973), Art.260---Provision of S.2-A, West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 [as added by Punjab Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance 1983], did not- apply to non-Muslims---Persons claiming to be nonMuslims (Ahmadis) had got decree under custom, whereby sale made by their father was deemed not to affect their reversionary rights after the demise of their father---Such decree-holders whether affected by S.2-A, West Pakistan Muslim Personal Law (Shariat) Application Act, 1962---Case was remanded to First Appellate Court for determining the true faith of plaintiff and his father who had sold land in question; whether they professed Ahmadi faith and if found to fall within that fold, next question arising for decision would be the law governing their rights in the suit---Assumption for application of newly added S.2-A to West Pakistan Muslim Personal Law (Shariat) Application ,Act, 1962 by Ordinance XIII of 1983 to parties without proper inquiry into the faith of plaintiff and his father, necessitated sending back the case to Appellate Court for fresh decision on merits in accordance with law---Sufficient material being not available on .record for decision about faith of the plaintiff and his father, case was remanded for determining true faith of the plaintiff and his father and the effect on the case of S.2-A, West Pakistan Muslim Personal Law (Shariat) Application Act, 1962. Muhammad Arshad and others v. Government of Pakistan and others 1992 MLD 1147 ref. JUDGMENT Facts of the case lie within a short compass and point of law raised on them was not much intricate too. Relevant facts giving rise to the petition in revision briefly put were:--Bashir Ahmad owned 100 Kanals of land in Mauza Jamke Dhindsa, Tehsil Pasrur, District Sialkot. On i8-7-1963, he sold it to respondents Nos.l to.8 through a registered deed for a consideration specified in it. His…
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