SULTAN ALI And 2 Others vs BARKAT ALI And Another
This matter concerns a petition for leave to appeal filed by the plaintiffs in a declaratory suit regarding inheritance, challenging the High Court's dismissal of their Civil Revision. The dispute centers on land previously held by a widow as a limited estate, with lower courts having proceeded on the assumption that its devolution was governed by customary law, leading to an examination of legal necessity and consideration regarding the widow's alienation of the property. The Supreme Court granted leave to appeal, primarily to examine the implications of the Court's previous judgment in Abdul Ghafoor and others v. Muhammad Shafi and others (PLD 1985 SC 407) concerning the application of the Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983). The Court determined that the effect of this Ordinance on the devolution of such estates requires further judicial consideration, particularly in light of the specific decisions rendered in that precedent.
- Does the Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983) apply to the devolution of land previously held by a widow as a limited estate?
- Is the devolution of a widow's limited estate governed by customary law or the Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)?
- Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)
ORDER
1. MUHAMMAD AFZAL ZULLAH, J: --Leave to appeal has been sought by the plaintiff side in a declaratory suit regarding inheritance; against the dismissal by the High Court, of their Civil Revision.
2. The case has proceeded on the assumption that the land in dispute having remained at one time with a widow as a limited estate, its further devolution was to be determined in accordance with the customary law of inheritance. Accordingly the question of legal "necessity" and "consideration" regarding alienation by the widow was examined and determined against the petitioners.
3. After hearing the learned counsel in support of the points raised in the petition we consider it a fit case for leave to appeal for an additional reason; namely, that the effect of the judgment of this Court in Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407 regarding the application of Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983), would also require examination---particularly in view of the decisions rendered in individual cases dealt in that matter. Leave to appeal, accordingly, is granted.
4. Security Rs.5,000.
5. The appeal shall be prepared on the present record with direction to the parties to file all those documents which would be necessary for disposal of appeal. Interim order to continue.