Pakistan Case Law
1990 SCMR 338

REHMAT and 7 others vs MUHAMMAD BOOTA and 5 others

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Citation1990 SCMR 338
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No, 158 of 1986
Date1989-06-12
Judge(s)Muhammad Afzal Zullah and Usman Ali Shah
Authored byMuhammad Afzal Zullah
ResultLeave refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter originated as a petition for leave to appeal against the dismissal of a Regular Second Appeal by the High Court. The petitioners, acting as plaintiffs, had challenged a sale transaction based on their alleged reversionary rights. The core legal question before the Supreme Court was whether the petitioners could maintain a claim based on reversionary rights following the legislative changes introduced by the Muslim Personal Law (Shariat) Application Act. The High Court had dismissed the appeal, ruling that the petitioners' claim was untenable due to the enforcement of the Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983. Upon review, the Supreme Court affirmed the High Court's decision, noting that the legal position was settled by the precedent established in Abdul Ghafoor and others v. Muhammad Shafi and others (PLD 1985 SC 407). Consequently, the Supreme Court held that the petitioners could not succeed in their challenge, as the statutory amendments precluded the assertion of such reversionary rights. Leave to appeal was refused, thereby upholding the dismissal of the petitioners' claim.

Questions settled in this judgment
  • Can a claim based on reversionary rights be maintained following the enactment of the Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983?
  • Does the Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 extinguish claims based on reversionary rights?
Laws & provisions referred
  • Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983
reversionary rightsMuslim Personal Lawsale challengeleave to appealinheritance rightscustomary law

ORDER

1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiff side; against the dismissal by the High Court, of their Regular Second Appeal. They have failed throughout.

2. The petitioners had challenged sale on the basis of their alleged reversionary rights. The High Court has held that in view of the enforcement of Muslim Personal Law Shariat Act (Amendment)

3. Ordinance, 1983 the petitioners cannot succeed.

4. ' The view taken by the High Court has support of recent judgment of this Court Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407. Learned counsel remained unable to meet this position. Leave to appeal, therefore, is refused.

Cited by 1 case

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