AZHAR-HUSSAIN SHAH Versus MUHAMMAD ARSHAD
This appeal arises from a civil suit challenging the alienation of agricultural land by the respondent's predecessor-in-interest. The respondents, minor sons of the vendor, sought a declaration that the 1964 sale of land would not affect their reversionary rights after the vendor's demise, alleging the transaction was illegal under custom. The trial court initially dismissed the suit, but the High Court allowed the respondents' appeal, setting aside the dismissal and remanding the case for a decision on merits. The appellants challenged this remand before the Supreme Court, arguing that the suit was incompetent under the relevant statutory framework. The Supreme Court examined the contention in light of Section 2-A of the West Pakistan Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, 1975 (as amended by Ordinance XIII of 1983), and relevant precedents. The Court held that the High Court's order remanding the case was contrary to the law. Consequently, the Supreme Court set aside the High Court's judgment, allowed the appeal, and dismissed the suit, affirming that the declaratory suit regarding reversionary rights was incompetent.
- Is a suit seeking a declaration regarding reversionary rights against a sale of land competent under the West Pakistan Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act 1975?
- Can a High Court remand a suit for trial on merits if the underlying cause of action is barred by statute?
- Article 185(2)(d), Constitution of the Islamic Republic of Pakistan 1973
- Section 2-A, West Pakistan Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act 1975
- Act V of 1962
1. MUHAMMAD HALEEM, C.J.‑‑ This is a direct appeal under Article 185(2) (d) of the Constitution of the Islamic Republic of Pakistan.
2. The facts which have given rise to this appeal are that respondent No.3 herein sold agricultural land measuring 590 Kanals and 9 Marlas situate in Chak No‑.37, Tehsil Ferozewala, District Sheikhupura to Lt.‑Col. (Retd.) S.Mazhar Hussain Shah predecessor -in‑interest of the respondents by a registered sale‑deed dated 9‑6‑1964. Four years later on 3rd of June,.1968, respondents Nos.l and 2, the minor sons of respondent No.3 through their mother Mst. Fazal Begum instituted a suit in 'the Court of Senior Civil Judge, Sheikhupura to seek a declaration that the impugned sale after the demise of respondent No.3 will not affect the reversionary rights of the said respondents as it was illegal and of no effect. This suit was resisted on the ground that it was incompetent as no declaratory relief could be had under custom in view of Act V of 1962 and further that the contesting respondents had no locus standi to file the suit.
3. The trial Court dismissed the suit. Aggrieved by this judgment and decree, the respondents filed a regular first appeal in the High Court of West Pakistan, Lahore, which was allowed by judgment dated 10‑3‑1979 and the case was remanded to the Court of Senior Civil Judge, Sheikhupura, for deciding the suit on merits.
4. The learned counsel for the appellants relied on section 2‑A of Ordinance XIII of 1983 to contend that the suit was incompetent and in support of it also relied on Muzaffar Khan v. Mst. Roshan Jan, P L D 1984 S C 394 and Abdul Ghafoor v. Muhammad P L D 1985 S C 407.
5. Upon an examination of the contention, we are of the view that the order of the High Court in allowing the appeal and remanding the case for trial on merits is against the provision of law, and, therefore, merits setting aside and we do so accordingly.
6. The suit stands dismissed and the appeal is allowed, but with no order as to costs.
7. M.I./5‑146/S Appeal allowed.
Cited by 1 case
- SHAKIL HAIDER and others vs M TUFAIL and others 2013 CLC 241