1991 PLP 1911 (SCMR)
ILAM DIN through Legal Heirs and others — Petitioners Versus MUHAMMAD ISHAQUE — Respondent
| Citation | 1991 PLP 1911 (SCMR) |
| Forum / Court | ----S. 2(a) as amended by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)---Constitution of Pakistan (1973), Art. 185(3)---Gift, validity of---Oral gift of land in dispute made in favour of respondent was found to be irregular by Trial Court and Appellate Court below s on basis of custom---During pendency of appeal against such finding Ordinance XIII of 1983 came into force and because applicable to the case of respondent-- High Court applying said Ordinance set aside judgments of subordinate Courts No case for interference with judgment of High Court having been made out, petition for leave to appeal was dismissed.---Muhammadan Law. |
| Bench Members | Ghulam Mujaddid and Saad Saood Jan, JJ |
| Parties | ILAM DIN through Legal Heirs and others — Petitioners Versus MUHAMMAD ISHAQUE — Respondent |
| 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 1911 (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 1911 (SCMR)?
The case was heard and decided by the ----S. 2(a) as amended by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)---Constitution of Pakistan (1973), Art. 185(3)---Gift, validity of---Oral gift of land in dispute made in favour of respondent was found to be irregular by Trial Court and Appellate Court below s on basis of custom---During pendency of appeal against such finding Ordinance XIII of 1983 came into force and because applicable to the case of respondent-- High Court applying said Ordinance set aside judgments of subordinate Courts No case for interference with judgment of High Court having been made out, petition for leave to appeal was dismissed.---Muhammadan Law. bench comprising: Ghulam Mujaddid and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1991 PLP 1911 (SCMR) (ILAM DIN through Legal Heirs and others — Petitioners Versus MUHAMMAD ISHAQUE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Muhammad Hussain, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate-on-Record for Petitioners.
- Nemo for Respondents.
- Date of hearing: 22nd May, 1989.
- Ch. Muhammad Hussain, Advocate Supreme Court and Ch. Muhammad Aslam, Advocate‑on‑Record for Petitioners.
Headnotes / Summary
(From the judgment dated 4-2-89 of the Lahore High Court, Lahore in RSA No.163 of 1974).
S. 2(a) [as amended by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)]
Constitution of Pakistan (1973), Art. 185(3)
Oral gift of land in dispute made in favour of respondent was found to be irregular by Trial Court and Appellate Court below s on basis of custom
During pendency of appeal against such finding Ordinance XIII of 1983 came into force and because applicable to the case of respondent-- High Court applying said Ordinance set aside judgments of subordinate Courts No case for interference with judgment of High Court having been made out, petition for leave to appeal was dismissed.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑‑One Ibrahim was owner of some agricultural land in village Arzanipur of Tehsil Chunian. By an oral gift he transferred the said land to his son‑in‑law, Muhammad Ishaq, respondent. The relevant mutation in this regard was attested on 4‑6‑
62. The petitioners filed a civil suit on 14‑9‑63 challenging the legality of the gift under the custom alleging that under the Riwaj applicable to the parties, Ibrahim was not competent to dispose of his property through a gift. The suit was decreed by the trial Court and the first appeal filed by Muhammad Ishaq before the Additional District Judge failed. Muhammad Ishaq then filed a second appeal in the High Court. While the appeal was pending in the High Court, the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 came into force. In accordance with the provision of section 2(a) of the Ordinance the High Court accepted the appeal, set aside the judgments of the subordinate Court and dismissed the suit. The petitioners seek leave to appeal from the judgment of the High Court.
2. After hearing the learned counsel, we are not persuaded that any case for interference with the judgment of the High Court has been made out, for, it is in accordance with the provisions of the Ordinance. H.B.T./I‑94/S Petition dismissed.