Law: West Pakistan Muslim Personal Law (Shariat) Application Act, (IX of 1948)

Section: 3

Law: Muslim Personal Law (Shariat) Application Act, 1962

Section: 2

West Pakistan Muslim Personal Law (Shariat) Application Act (IX of 1948)--- ---S. 3---West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), S.2---Limited owner---Ancestral property being governed by custom whether remains subject of agricultural custom---Leave to appeal was granted by Supreme Court to consider; whether property owned by Muslim which was being governed by agriculture custom before enforcement of West Pakistan Muslim Personal Law (Shariat) Application Act, 1948 and West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 would continue to be governed by custom as was observed by Supreme Court in case titled Mst. Khatun vs. Malla and five others, reported as 1974 SCMR 341 or the view taken in case titled Abdul Ghafoor vs. Muhammad Shafi, reported as PLD 1985 SC 407, would prevail and limited owner would not acquire the status of full owner under law and whether restriction on alienation would be justified and would not be in conflict to fundamental right of a person and law of Shariah. Mst. Khatun v. Malla and 5 others 1974 SCMR 341 and Abdul Ghafoor v. Muhammad Shafi PLD 1985 SC 407 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, C.J.--- These petitions have been filed for leave to appeal against the judgment, dated 2-2-2005 passed by Lahore High Court, Multan Bench. 2. Precisely stating the facts of the cases are that Ghulam Mustafa, predecessor-in-interest of the petitioners, originally a Hindu by faith, converted to Islam in 1947. The Hindu name of Ghulam Mustafa was Esher Mal and on death of his father, the mutation of inheritance of the landed property left by his father was sanctioned in his name on 30-1-1928.. In consequence to his conversion to Islam, a mutation in respect of change of his name was attested on 18-4-1948 and entries in the Revenue Record were made accordingly. Subsequently, Ghulam Mustafa made certain alienations of his land during the period between 1958 to 1965, in favour of respondents. The petitioners, successor-in­interest of Ghulam Mustafa during his life time tiled separate suits in 1981 wherein they sought a declaration that their father was limited owner under custom and alienations of the…

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