ALLAH DITTA vs ZAFAR (Minor) and others
This petition for leave to appeal arises from a civil dispute involving a decree granted under Custom, which had invalidated a sale on the grounds of lack of consideration or legal necessity. The High Court had previously dismissed the petitioner's civil revision against this decree. Before the Supreme Court, the petitioner challenged the validity of the decree in light of Section 2-A(b) of the West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance, 1983, arguing that this legislative change effectively annulled such decrees. The petitioner further contended that the exceptions regarding past and closed transactions or transferred possession were inapplicable because the vendors were still alive, meaning the decree had not yet become operative. The Supreme Court found that the legal questions raised by the petitioner required further examination and granted leave to appeal. Pending the final adjudication of the appeal, the Court directed that the status quo regarding the property and its character be maintained by all parties.
- Does Section 2-A(b) of the West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance, 1983, have the effect of annulling decrees granted under Custom based on lack of consideration or legal necessity?
- Can a decree under Custom be considered inoperative if the vendors have not yet died?
- Do the exceptions regarding past and closed transactions apply to a decree where possession has not been transferred?
- Section 2-A(b), West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Ordinance, 1983
1. ' MUHAMMAD AFZAL ZULLAH, J.--A usual decree under Custom, against a sale on the ground of lack of consideration/legal necessity, having been granted the petitioner's (defendants') Civil Revision in that behalf was dismissed by the High Court. He has now sought leave to appeal.
2. Learned counsel has relied on section 2-A(b) of West Pakistan Muslim Personal Law (Shariat)
3. Application (Amendment) Ordinance, 1983; to contend that the law has changed and all decrees like the one in question stand annulled. He has also stated that the exception regarding, past and closed transactions, and/or possession having been transferred as a result of such decree, is not applicable to the present case. According to him, the vendors not having died, the decree has not yet come into operation. He has also relied on Abdul Ghafoor v. Muhammad Shafi (PLD 1985 SC 407) in so far as the question of retrospective operation of the Ordinance of 1983 is concerned.
4. ' The questions by the learned counsel require examination. Leave to appeal is granted. Security for costs Rs, 5,000.
5. ' The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents.
6. ' Status quo with regard to the property and its character shall be maintained by all concerned parties during the pendency of the matter in this Court. 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.