Law:

Section:

Jurisdiction-- —Two second appeals in High Court—One appeal decided by a Judge declaring decree under appeal as void—Whether another Judge (of High Court) can sit in appeal over verdict of thai Judge (of High Court) in other appeal against same decree-Question of-According to verdict of Akhtar Hassan J, whole decree had become void--His view has attained finality as review petition and Civil Petition for Leave to Appeal did not meet with success-Grievance of appellants is that interpretation placed by his Lordship on provisions of Section 2-A, clauses (b) and (c) of West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983, is not correct-Held: Verdict of Akhtar Hassan, J that entire decree has become void, having attained finality and holding field, present Judge has neither any occasion nor jurisdiction to examine correctness or otherwise of said decree.         [Pp.346,347348]A,BC 1989 MLD 3663 (Lahore), 1987 CLC 587 and AIR 1927 Lahore 289 discussed. JUDGMENT This regular second appeal relates to certain property left by one MaulaBakhsh who died in 1924 leaving behind a widow, Mst. Jiwan, and a daughter, Mst. Zuinab. He had no male issue. Besides the said ladies, Maula Bakhsh was survived by a sister, Mst. Allah Jawai and a brother, Jalal Din. Jalal Din died without leaving any issue or widow. Mst. Allah Jawai is the appellant before me. Respondent No.2, Nazir Ali and respondent No.3, Faqir Ali are sons of said Mst. Zainab. On the death of Maula Bakhsh his land as well as two houses and a Havcli belonging to him came into the hands of his widow, Mst. Jiwan. Out of his landed property, 599-Kanals and 12 Marias of land was in village Wah Garey, Tehsil Ferozewala, District Sheikhupura, and land measuring 13 Kanals and 5 Marias was in village Tariddey Wall of the said Tehsil. The said two houses and the Haveli were also located in village Wah Garey. After the land was mutated in the name of Mst. Jiwan, she made gift of the land measuring 599 Kanals and 12 Marias situate in village Wah Garey, in favour of her daughters sons, Nazir Ali and Faqir Ali, who, as already stated, are respondents Nos.2 and 3 in the instant appeal.…

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