ILAM DIN Through Legal Heirs And Others vs MUHAMMAD ISHAQUE
This matter arises from a petition for leave to appeal against the judgment of the High Court, which set aside the concurrent decrees of the lower courts and dismissed the petitioners' civil suit. The petitioners had challenged an oral gift of agricultural land made by Ibrahim to his son-in-law, Muhammad Ishaq, on the ground that under the applicable custom and Riwaj, Ibrahim was not competent to make the gift. During the pendency of the second appeal before the High Court, the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 came into force. The core legal question was the impact of the said Ordinance on pending litigation concerning alienations made under custom. The Supreme Court held that the High Court rightly applied section 2(a) of the Ordinance to accept the appeal and dismiss the suit. The key principle laid down is that statutory interventions governing personal law and custom apply to pending proceedings, superseding prior customary limitations on property disposal.
- Whether the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 applies to pending proceedings?
- Is a property owner competent to gift agricultural land under custom when superseded by subsequent statutory amendments?
- Section 2(a), West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance 1983
ORDER
SAAD SAOOD JAN, J.---One Ibrahim was owner of some agricultural land in village Arzanipur of Tehsil Chunian. By an oral gift he transferred the said land to his son-in-law, Muhammad Ishaq, respondent. The relevant mutation in this regard was attested on 4-6-62. The petitioners filed a civil suit on 14-9-63 challenging the legality of the gift under the custom alleging that under the Riwaj applicable to the parties, Ibrahim was not competent to dispose of his property through a gift. The suit was decreed by the trial Court and the first appeal filed by Muhammad Ishaq before the Additional District Judge failed. Muhammad Ishaq then filed a second appeal in the High Court.
While the appeal was pending in the High Court, the West Pakistan Muslim Personal Law (Shariat)
Act (Amendment) Ordinance, 1983 came into force. In accordance with the provision of section 2(a) of the Ordinance the High Court accepted the appeal, set aside the judgments of the subordinate Court and dismissed the suit. The petitioners seek leave to appeal from the judgment of the High Court.
2. After hearing the learned counsel, we are not persuaded that any case for interference with the judgment of the High Court has been made out, for, it is in accordance with the provisions of the Ordinance. 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.