MUHAMMAD SADIQ And Others vs MEMBER BOARD OF REVENUE And Other
This matter arises from a petition for leave to appeal against the dismissal of a writ petition by the Lahore High Court, which had upheld the remand of a revenue matter regarding land allotment and inheritance. The core legal question was whether revenue authorities had jurisdiction to re-open a final allotment order made in 1968 on the basis of a miscellaneous application filed in 1974, in light of subsequent legislation. The Supreme Court held that the authorities acted within their jurisdiction because sections 2 and 3 of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act 1975 applied retrospectively from 15-3-1948, making Muslim Personal Law applicable to the inheritance in question and allowing pending applications to be decided accordingly. The petition was consequently dismissed.
- Whether revenue authorities have jurisdiction to re-open a final allotment order on the basis of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act 1975?
- Does the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act 1975 apply retrospectively?
- Can a miscellaneous application filed before the enactment of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act 1975 be decided in accordance with it if pending?
- Section 2, Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act 1975
- Section 3, Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act 1975
ORDER
M.S.H.QURAISHI, J.--The facts giving rise to this petition are that Mst. Rajan, by an order of the Collector, dated 25-5-1968, passed in appeal had been allotted land as full owner against her claim of inheritance from her son who had died in India. She then alienated the land in favour of the petitioners by mutation No. 262 dated 25-11-1968 The mutation was challenged by an application moved by the contesting respondents on 28-9-1974. The application was rejected on 1- 4-197 7 and so was the appeal against it on 26-6-1978 but in revision the matter was remanded by the Additional Commissioner (Revenue) vide his order dated 8-1-1980 to the Collector for deciding the matter afresh after giving the parties opportunity of hearing. This decision was upheld by the Board of Revenue, whereupon, the petitioners moved a writ petition before the Lahore High Court.
Their case was that the Collector's order dated 25-5-1968 whereby Mst. Rajan had been declared full owner, had attained a finality and as such the authorities had no jurisdiction to re-open the same on the basis of a miscellaneous application. The contention, however, was repelled by the High Court in view of sections 2 and 3 of the Punjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act (XXV of 1975). Another contention that the miscel--laneous application, having been filed before the enactment of this Act, was premature was also repelled for the reason that the cause of action had matured during the pendency of that application.
Hence this petition for leave to appeal.
2. The same contentions, as had been raised before the High Court, have been urged before us. But we find no force in the same. The Act XXV of 1975 was effective retrospectively from 15-3-1948 and the, Muslim' Personal Law had become applicable to the inheritance in question. The respondents' application which was pending on 31-3-1975, when Act XXV had been published, could be decided in accordance with that Act. The petition is, therefore, dismissed.