Mst. IMAM BIBI vs ALLAH DITTA And Other
This matter comes before the Supreme Court of Pakistan on a petition for leave to appeal against the judgment of the Lahore High Court dated 22nd June, 1985, arising from a land and inheritance dispute. The High Court had allowed a Regular Second Appeal, holding that since the last owner of tenancy rights, Nizam Din, died prior to the promulgation of Shariat Law in the relevant locality of the Bahawalpur State, his inheritance was governed by previous customary law rather than Muslim law. The core legal questions for examination concern the exact date of death of the last owner, the date and effect of the extension of the Colonization of Government Lands (Punjab) Act 1912 to the Bahawalpur State along with the applicability of Section 19-A, and the impact of the enforcement of Shariat Law via specific government notifications issued in 1951. The Supreme Court granted leave to appeal to examine these questions in detail, requiring security in the sum of Rs. 2,500.
- What is the date of death of the last owner of tenancy rights, Nizam Din?
- What is the date and effect of the extension of the Colonization of Government Lands (Punjab) Act 1912 to Bahawalpur State, and when did Section 19-A apply to the disputed tenancy?
- What is the effect of the enforcement of Shariat Law by Notification No. 20-LD dated 4th March 1951 and the subsequent exemption notification?
- Section 19-A, Colonization of Government Lands (Punjab) Act 1912
ORDER
1. MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought from judgment, dated 22nd June, 1985, of the Lahore High Court; whereby Regular Second Appeal arising out of a land /inheritance dispute filed by the respondent side, was allowed with the finding that Nizam Din the last owner of tenancy rights having died before the promulgation of the Shariat Law in the particular locality of Bahawalpur State where the property in dispute is situate, accordingly his inheritance has to be governed by previous law and not by Muslim Law.
2. After hearing the learned counsel we deem it a fit case to examine:
(a) What is the date and death of Nizam Din?
(b) What is the date and effect of the extension of the Colonization of Government Lands (Punjab)
2. Act (V of 1912) to Bahawalpur State--whether and when section 19-A of the said Act would be deemed to have been made applicable to the tenancy in dispute?
(c) What is the effect of the enforcement of and application of the Shariat Law by Notification No. 20-LD, dated 4th of March, 1951, gazetted on 5th of March, 1951 and whether any difference in this behalf was made by a subsequent Notification No. 40LD of exemption issued on 26th of May, 1951?
3. And
(d) Other related questions.
4. Order accordingly. Leave is granted, Security Rs. 2,500.