Law:

Section:

Muslim Family Laws Ordinance (VIII of 1961)------S. 4---Civil Procedure Code (V of 1908), S.115---Succession--­Entitlement of grandsons to get their share from the inheritance left by their grandfather--- Respondents/grandsons of the deceased were declared owners of 1/4th share in property left by the deceased grandfather in the order passed by Appellate Court---Petitioners who were sons of the deceased had challenged the order passed by Appellate Court in revision filed before the High Court, contending that in view of the 'dictum laid down by the Federal Shariat Court in case reported as Allah Rakha and others v. Federation of Pakistan PLD 2000 FSC 1, the respondents were not entitled to get any share from the inheritance left by their grandfather as S.4 of Muslim Family Laws Ordinance, 1961 had been declared repugnant to Injunctions of Islam by the Federal Shariat Court--­Contention of the petitioner was repelled because the date given in the said of Federal Shariat Court from, where S.4 of Muslim Family Laws Ordinance, 1961 would cease to have effect was 31-3-2000 and the had no retrospective effect---Grandfather of the respondents died in 1969 and mutation of inheritance was sanctioned in 1970 and respondent had filed suit to inherit their share in 1981 and since then they were pressing for their rights---Federal Shariat Court having power to make a declaration to give effect to its only from a future specified date, would leave the pending proceedings ineffective--­Decision of Federal Shariat Court would not take effect before the date specified by it in the decision---Prior to that date neither-the decision would take effect nor the lady would cease to have effect and the relevant law would continue to remain in force till the day prior to the date fixed by the Court---Inheritance of the deceased having opened in 1969, respondents being grandsons of the deceased were entitled to inherit his estate under S.4 of Muslim Family Laws Ordinance, 1961, which was very much in force at the relevant time--­Judgment and decree passed by Appellate Court being just and correct, could not be interfered with in revisional jurisdiction of High Court. Allah Rakha and…

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