Law:

Section:

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)-----S. 2-A(b) [added by Punjab Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance (XIII of 1983)]---Constitution of Pakistan (1973), Art.185(3)---Leave to appeal was granted to examine the effect of amendments introduced by Ordinance XIII of 1983 in West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), on pending litigation between the parties. (b) West Pakistan Muslim Personal Law (Shariatj Application Act (V of 1962)-- ---S. 2-A(b)---Effect of Ordinance XIII of 1983 on pending litigation--­Predecessor-in-interest of appellants purchased land from predecessor-in-interest of respondent before partition of sub-continent when custom was the rule of inheritance---Vendor's son viz. respondent filed declaratory suit under custom and got a decree---Respondent, on death of his father, filed suit for possession on basis of declaratory -decree, which was decreed---Decree for possession of land in favour of respondent was affirmed in First and Second Appeals---When petition for leave to appeal was pending, Ordinance XIII of 1983 was promulgated---Held, provision of cl. (b) of S.2-A, West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 as amended by Ordinance XIII of 1983, affected claim of respondent and decree held by him on basis of his customary right of inheritance had been rendered void, inexecutable and of no legal effect---Judgments of all the three Courts whereby, respondent's suit for possession had been decreed on basis of his earlier decree obtained by him under Customary law were set aside--­Appeal allowed in circumstances. Muhammad Ishaq v. Federation of Pakistan PLD 1981 FSC 278 and Federation of Pakistan through Secretary, Law and Parliamentary Affairs, Islamabad v. Muhammad Ishaque and another PLD 1983 SC 273 ref. JUDGMENT SHAFIUR RAHMAN, J.--Leave- to appeal was granted to examine the effect of the amendments introduced by Ordinance NOXIII of 1983 Muslim Personal Law (Shariat) Application Act the Punjab (Amendment) Ordinance, 1983 on the pending litigation between the parties. 2. The facts leading to the appeal are that Dilawar…

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