Law:

Section:

(a) Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 7---No notice of alleged divorce given to Chairman of Local Council--­Effect---No notice of alleged divorce having been given to the Chairman of Local Council. as required by S.7, Muslim Family Laws Ordinance, 1961, Talaq would not become effective. PLD 1982 Lah. 826; 1970 SCMR 845 and Mulla's Mahomedan Law ref. 1970 SCMR 845 rel. (b) Constitution of Pakistan (1973)--- ----Art. 189---Decision of Supreme Court---Binding on all Courts in the State. (c) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 164---Revision petition time-barred to the extent of five days---No objection to such delay having been raised by respondents, delay was condoned and revision was decided on merits. ORDER One Muhammad Ramzan died issueless on 9-2-1988. His inheritance was mutated in favour of Mst. Karamtay Bibi petitioner 1/2 share and the remaining 1/2 share was given to respondent Nos.2 to 5 being nephews of the deceased. Mst. Alam Bibi respondent No.1 was not given any share on the ground that she had been divorced by Muhammad Ramzan deceased much earlier to his death. Mutation No.639 was sanctioned accordingly. The respondent No.1 claiming to be widow of the deceased filed an appeal in the Court of Assistant Commissioner/Collector who vide his order dated i1-10-1988 accepted the same and remanded the case to Revenue Officer for fresh decision according to Muslim Law including respondent No.1 as one of the inheritors. That order was assailed in appeals by the petitioner and respondents Nos.2 to 5 before the Additional Commissioner who vide impugned order dated 27-4-1989 rejected the same. Hence this revision petition under section 164 of West Pakistan Land Revenue Act, 1967. 2. The learned counsel for the petitioner contended that Muhammad Ramzan had died issueless in 1988 and he had divorced Mst. Alam Bibi, respondent No.1, in 1978. The petitioner is the sister of the deceased whereas respondents Nos.2 to 5 are descendants of Muhammad Ramzan's two predeceased sisters. Respondent No.1 Mst. Alam Bibi could not get share of the property according to Muslim Law having been divorced much earlier by the deceased and…

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