2015 PLP 1214 (CLC)

MALIK MANZOOR HUSSAIN, J.

Through the instant revision petition, the petitioners have challenged the validity of Judgment dated 24-8-2004 passed by the learned Additional District Judge, Nowshera, whereby the appeal filed by the petitioner was dismissed and the Judgment and decree dated 20-4-2004 was maintained.

2. Briefly, the facts of the case are that the respondents/plaintiffs instituted a suit against the petitioner, seeking decree for declaration to the effect that respondents are owner in possession of 1/17 shares in the legacy of deceased Abdul Qudoos and sought cancellation of mutation No.6548 dated 13-3-1999 and mutation No.6627 dated 17-4-2000 and also prayed for possession. The claim of the respondents was that the respondents are sons and daughters of late Mst. Bilqees Begum daughter of Abdul Qudoos and the inheritance mutation in respect of legacy of Abdul Qudoos was wrongly entered in the name of petitioners excluding the respondents. The petitioner contested the suit and their main plea was that being predeceased daughter, Mst. Bilqees Begum was not entitled to the legacy of Abdul Qudoos and reliance was made upon the reported Judgment of Federal Shariat Court PLD 2000 FSC Page-1

3. At the very outset the learned counsel for the respondents raised a preliminary objection about maintainability of instant revision petition on the ground that the Judgment of Federal Shariat Court, relied upon the petitioner, had been challenged before Supreme Court of Pakistan and thereby the operation of the verdict stands suspended automatically. Reliance was placed on Fazeelat Jan and others v. Sikandar through his legal heirs and others PLD 2003 SC

475. Section 4 of Muslim Family Laws Ordinance, 1961, clearly entitles the grandson for receiving the shares which his father/mother would have inherited, had he been alive, at the time of opening of succession. Being LRs of their mother, the respondents were entitled to 1/17 shares in the inheritance of their grand father in his legacy.

4. Under Article 203-D of Constitution of the Islamic Republic of Pakistan, 1973, whenever Judgment passed by the Federal Shariat Court had been challenged before the Supreme Court of Pakistan, the operation of the Judgment stands suspended automatically, till the disposal of the appeal. Therefore the Judgments and decrees of both the Courts below, based upon above analogy, are on correct footing and are in accordance with law of land, applicable thereto.

5. The request of the learned counsel for the petitioner that this revision petition would be adjourned sine die till disposal of the appeal filed against verdict of Federal Shariat Court regarding section 4, cannot be acceded to, however, the petitioners are at liberty to approach the concerned quarters, in case any favorable decision is made in the final verdict of Hon'ble Supreme Court of Pakistan, in the matter.

6. In view of what has been discussed above, this petition is devoid of any force and is dismissed. AG/129/P Revision dismissed.