Law:

Section:

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--1. 2-A [as substituted by Punjab Muslim Personal Law (Shariat) Application (Amendment) Ordinance (XIII of 1983)]---Constitution of Pakistan (1973), Art.185(3)---Custom (Punjab)---Gift of land under customary law by deceased in favour of his wife---Brother and sister of deceased challenged such gift under custom---Trial Court dismissed plaintiff's suit---First Appellate Court, however, decreed plaintiffs' suit to the extent of ancestral land---Defendant filed second appeal against and decree of First Appellate Court while plaintiffs did not file cross-objections against finding as to legality of gift---Finding on legality of gift, thus, attained finality---During pendency of second appeal, S.2­Awas added to West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 by Amending Ordinance XIII of 1983, whereunder any decree, or order of any Court affirming right of any reversioner under custom or usage, to call in question such alienation or directing delivery or possession of agricultural land on such basis would be void, inexecutable and of no legal effect---High Court, on repeal of customary law declared that defendant's appeal stood fructified and' that of First Appellate Court having become redundant could not be enforced---Plaintiffs could not point out that finding of High Court was, in any way, violative of amending provision 2-A of Act V of 1962---Plaintiffs' plea to raise question of legality of gift deed was, however, not accepted on account of validity of gift in favour of defendant having acquired finality---Question of limitation was although raised by the office, yet Supreme Court decided petition for leave to appeal on merits---Leave to appeal was refused in circumstances. Abdul Shakoor Paracha, Advocate Supreme Court and Mehr Khan Malik, Advocate-on-Record for Petitioner. Nemo for Respondent. Date of hearing: 12th November, 1995. ORDER AJMAL MIAN, J.---This is a petition for leave to appeal against the judgment dated 15-1'-1995 passed by a learned Single Judge of the Lahore High Court in' R.S.A. No.675 of 1975, filed by the respondent against the judgment/decree dated…

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