1991 PLP 2050 (SCMR)
SULTAN IBRAHIM — Petitioner Versus MUHAMMAD HAYAT and others — Respondents
| Citation | 1991 PLP 2050 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Muhammad Afzal Zullah, CJ. and Rustam S. Sidhwa, J |
| Parties | SULTAN IBRAHIM — Petitioner Versus MUHAMMAD HAYAT and others — Respondents |
| Primary Law | West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) |
Q1: What are the key laws and sections cited in 1991 PLP 2050 (SCMR)?
This judgment primarily cites: West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1991 PLP 2050 (SCMR)?
The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah, CJ. and Rustam S. Sidhwa, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 2050 (SCMR) (SULTAN IBRAHIM — Petitioner Versus MUHAMMAD HAYAT and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Munir Peracha, Advocate Supreme Court and Manzoor Elahi, Advocate- on-Record for Petitioner.
- Nemo for Respondents.
- Date of hearing: 26th February, 1990.
- Munir Peracha, Advocate Supreme Court and Manzoor Elahi, Advocate- on‑Record for Petitioner.
Headnotes / Summary
(On appeal from the judgment of the Lahore High Court, Rawalpindi Bench, dated 11-3-1989, in R.SA.1186 of 1970).
S. 2-A [(Added by Punjab Muslim Personal Law (Shari at) Act (Amendment) Ordinance (XIII of 1983))
Plaintiff's suit of inheritance and his challenge to an alienation was dismissed by Trial Court
Plaintiffs first appeal was however, allowed
Before decision of second appeal filed by defendants before High Court, West Pakistan Muslim Personal Law (Shariat) Application Act (Amendment) Ordinance, 1983 was enforced whereby S.2-A was added to Act V of 1962, and on that account defendants' appeal was allowed due td change of law
Plaintiff/petitioner had stated that in view of provisions of S. 2-A, added to Act V of 1962, he bad practically no case to press
Plaintiffs counsel also admitted that judgment of Supreme Court rendered in .Abdul Ghafoor's case reported as PLD 1985 SC 407, was also against him
Leave to appeal was refused in circumstances. Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407 rel.
Judgment & Decree
MUHAMMAD AFZAL ZULLAH, CJ.‑‑‑Leave to appeal has been sought by the plaintiff side against the acceptance by the High Court of respondents' Regular Second Appeal in a usual case of inheritance and challenge to an alienation. The suit was dismissed by the trial Court. The petitioner's first appeal, however, was allowed. Before the decision of the Second Appeal filed by the respondent's side before the High Court, West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983, was enforced. Accordingly giving effect to section 2‑A of the said Ordinance, the respondents' appeal was allowed on account of the said change of law. Learned counsel states that in view of the provisions contained in section 2‑A, he has now practically no case to press. Moreover, this Court also gave effect to section 2‑A in a recent judgment Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC
407. Learned counsel admits that the said judgment also goes against him. Accordingly this petition fails and leave to appeal is refused. AA./S‑635/S Leave refused.