1987 PLP 3301 (MLD)
Mst.ALLAH JAWAI and 5 others — Applicants Versus NAZIR ALI and 15 others — Respondents
| Citation | 1987 PLP 3301 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Akhtar Hasan, J |
| Parties | Mst.ALLAH JAWAI and 5 others — Applicants Versus NAZIR ALI and 15 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 1987 PLP 3301 (MLD)?
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 1987 PLP 3301 (MLD)?
The case was heard and decided by the Lahore bench comprising: Akhtar Hasan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 3301 (MLD) (Mst.ALLAH JAWAI and 5 others — Applicants Versus NAZIR ALI and 15 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- C.M.Latif Rawn for Petitioners.
- Najamul Hassan Kazmi for Respondents.
- Date of hearing: 27th October, 1987.
Headnotes / Summary
S.2-A [as amended by West Pakistan Muslim Personal Law (Shariat) Act (Amendment), Ordinance (XIII of 1983)]--Succession--Custom (Punjab)--Reversioners of last male owner having challenged alienations made by widow of last male owner during her lifetime, obtaining decrees under custom--Such decrees, under S.2-A, of the Act, 1962, held, became void and appeals brought against them had abated as custom was abolished in all its aspects--Successions having taken place prior to 1948 also were deemed to have been governed by personal law--Decrees obtained meanwhile on basis of reversionary rights recognized by custom alone were set at naught for such reason. Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 S C 407 rel.
Judgment & Decree
C.M.Latif Rawn for Petitioners. Najamul Hassan Kazmi for Respondents. Date of hearing: 27th October, 1987. This Review Application has been brought against my order dated the 1st of June, 1985, whereby the present appeal was held to have abated under section 2-A of the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983, because the decree challenged therein had become void.
2. Mr. Rawn for the applicants seriously canvassed that the afore mentioned Ordinance had no application to the facts of the present case. His contention was that after the death of Mst. Jewan as widow of the last male owner Maula Bakhsh taking place in 1960, Shariat applied and after allowing her personal share to the extent of 1/8th; the residue would pass on to the predecessors of the present applicants, namely, Maula Bakhsh's daughter Mst. Zainab Bibi and his sister Mst. Allah Jiwai.
3. I am afraid this proposition is not acceptable A perusal of the plaint would show that the widow Mst.Jewan had made quite a few alienations during her lifetime and those were challenged by reversioners of Maula Bakhsh. The entire suit was based upon those decrees obviously obtained under Custom. A careful reading of section 2-A ibid. makes it abundantly clear that all such decrees had become void anti the appeals brought against them had abated. In fact, the Custom was, by a single stroke of pen, abolished in all its aspects. Even old successions taking place prior to 1948 were deemingly held to have had been governed by Personal Law despite the fact that Custom may have been the rule applicable in the past times. This was the reason why the decrees obtained meanwhile on the basis of reversionary rights recognized by Custom alone were set at naught. No other interpretation is possible. This view has been confirmed in Abdul Ghafoor and others v. Muhammad Shafi and others P L D 1985 S C 40.7.
4. There is no merit in the review application and the same is dismissed. S.Q./A-209/L Application dismissed.