Mst. BAKHAN (REPRESENTED BY HER LEGAL HEIRS) AND Another vs MURAD
This matter concerns a petition for leave to appeal against a High Court judgment regarding the nature of proprietary rights held by a Muslim widow. The core legal question is whether proprietary rights acquired by a widow under the Colonization of Government Lands (Punjab) Act, 1912, are terminated under Section 3 of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, even though that provision specifically addresses the termination of a limited estate held by a Muslim female under Customary Law. The petitioners argued that the High Court failed to consider a binding precedent, Mst. Begum v. Mst. Bai (PLD 1971 Lah. 567), which applied the ratio of the Supreme Court decision in Ram Din v. Muhammad Din (PLD 1964 SC 842) to similar circumstances. Upon review, the Supreme Court found merit in the contention that the precedent supported the petitioners' position. Consequently, the Court granted leave to appeal to determine if the statutory termination of limited estates under Customary Law extends to proprietary rights acquired under the 1912 Act.
- Can proprietary rights acquired by a widow under the Colonization of Government Lands (Punjab) Act, 1912, be terminated under Section 3 of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962?
- Does the termination of a limited estate under the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, apply to rights held under the Colonization of Government Lands (Punjab) Act, 1912?
- Section 3, West Pakistan Muslim Personal Law (Shariat) Application Act, 1962
- Colonization of Government Lands (Punjab) Act, 1912
ORDER
1. NASIM HASAN SHAH, J.-It is submitted that the learned Judge in the High Court, who passel the impugned judgment, has omitted to consider the judgment of a Division Bench of the same Court Mst. Begum v. Mst. Bai (PLD 1971 Lah. 567), wherein the point in dispute in this case had come up for consideration and the view taken therein was contrary to that expressed in the judgment impugned herein. In the precedent case the judgment of this Court in Ram Din v. Muhammad Din (PLD 1964 SC 842), was also duly considered and ratio of the precedent case fully applies in the circumstances of the present case.
2. We have perused the judgment in the precedent case and it seems to support the assertion made before us by the learned counsel for the petitioners.
3. Leave is, accordingly, granted to consider the question whether the proprietary rights acquired by a widow under the Colonization of Government Lands (Punjab) Act, 1912, can also be deemed, to have been terminated under section 3 of the West Pakistan Muslim Personal Law (Shariat)
4. Application although the said provision in terms only terminates a imited estate under the Customary Law held by a Muslim female.
5. Security in the sum of Rs. 2,000.
6. Interim order passed on 17-12-1976 to continue meanwhile. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.