SCMR 1990

1990 PLP 338 (SCMR)

REHMAT and 7 others‑‑Petitioners Versus MUHAMMAD BOOTA and 5 others‑‑Respondents

Jurisdiction / Court
High Court
Decided Date
Civil Petition for Leave to Appeal No. 158 of 1986, decided on 12th June, 1989.
Honorable Judges
Muhammad Afzal Zullah and Usman Ali Shah, JJ
Case Reference Summary (AEO Optimized)
Citation 1990 PLP 338 (SCMR)
Forum / Court High Court
Bench Members Muhammad Afzal Zullah and Usman Ali Shah, JJ
Parties REHMAT and 7 others‑‑Petitioners Versus MUHAMMAD BOOTA and 5 others‑‑Respondents
Primary Law West Pakistan Muslim Personal Law Shariat (Application) Act (V of 1962)‑‑
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1990 PLP 338 (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 1990 PLP 338 (SCMR)?

The case was heard and decided by the High Court bench comprising: Muhammad Afzal Zullah and Usman Ali Shah, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1990 PLP 338 (SCMR) (REHMAT and 7 others‑‑Petitioners Versus MUHAMMAD BOOTA and 5 others‑‑Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

West Pakistan Muslim Personal Law Shariat (Application) Act (V of 1962)‑‑

Representation

  • Ch. Mushtaq Anmad Khan, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi, Advocate‑on‑Record for Petitioners.
  • Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondent No.1.
  • Date of hearing: 12th June, 1989.

Headnotes / Summary

(On appeal from the order of the Lahore High Court dated 28-1-1986 in Regular Second Appeal No. 336 of 1972). ‑‑‑S.2‑A las added by Punjab Muslim Personal Law Shariat (Application) Act (Amendment) Ordinance (XIII of 1983)1‑‑‑Reversionary rights‑‑‑High Court found that in view of the enforcement of Muslim Personal Law Shariat (Application) Act (Amendment) Ordinance, 1983 petitioners could not succeed‑‑ View taken by High Court was supported by case reported as Abdul Ghafoor and others v. Muhammad Shari and others P L D 1985 S C 4t)7‑‑‑Petition for leave to appeal refused. Abdul Ghafoor and others v. Muhammad Shaft and others P L D 1985 S C 407 ref.

Judgment & Decree

Abdul Ghafoor and others v. Muhammad Shaft and others P L D 1985 S C 407 ref. Ch. Mushtaq Anmad Khan, Advocate Supreme Court instructed by Iqbal Ahmad Qureshi, Advocate‑on‑Record for Petitioners. Ch. Mehdi Khan Mehtab, Advocate‑on‑Record for Respondent No.1. Date of hearing: 12th June, 1989. MUHAMMAD AFZAL ZULLAH, J.‑‑Leave to appeal has been sought by the plaintiff side; against the dismissal by the High Court, of their Regular Second Appeal. They have failed throughout. The petitioners had challenged sale on the basis of their alleged reversionary rights. The High Court has held that in view of the enforcement of Muslim Personal Law Shariat Act (Amendment) Ordinance, 1983 the petitioners cannot succeed. The view taken by the High Court has support of recent judgment of this Court Abdul Ghafoor and others v. Muhammad Shafi and others P L D 1985 S C

407. Learned counsel remained unable to meet this position. Leave to appeal, therefore, is refused. M.A.K./R‑113/S Leave refused,