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Revision No. 1037 of 1963‑64, decided on 2nd March 1965.
------S. 7 (2)‑Deleted by, West Pakistan Muslim Personal Law (Shariat) (Amendment) Ordinance (XXXIX of 1963)‑Effect‑Termination of limited interest of widow as provided by Act V of 1962 not applicable according to section 7 (2) to cases where death of last full owner had occurred before commencement of such Act‑Application to such cases "illegal"‑Deletion of S. 7 (1) of Act by Ordinance of 1963‑Mutation terminating limited interest and distribution: of estate among eligible heirs can be registered afresh and sanctioned after date of commencement of Ordinance.
Rana Abdur Rahim for Petitioners.
Ch. Qadir Bux for Respondents:
This is a revision filed against an order dated the 29th of January of 1964, passed by the Additional Commissioner, Multan, whereby the second appeal preferred by the respondents was accepted.
The facts of the case are that on 31‑8‑1938, mutation No. 271 was sanctioned in favour of Mst. Mubarak Khatoon petitioner who is the widow of Mahmood. After the enforcement of West Pakistan Muslim Personal Law (Shariat) Application Act V of 1962, a fresh mutation was entered on 18‑7‑1963 and sanctioned on 7‑8‑1963, by which the limited interest of the petitioner No. 1 as a widow was terminated and shares were given to the various heirs and reversioners according to Shariat. Mst. Mubarak Khatoon petitioner went in appeal to the Collector who accepted it. The respondents then filed a second appeal befog the Additional Commissioner who accepted it. Hence this revision.
I have heard the learned counsel for the parties and have examined the record. It is established that Mst. Mubarak Khatoon inherited the land in dispute as a widow of Mahmood and was therefore a limited owner and not a full owner as she claimed before .the learned Collector. It is true that under section 3 of the West Pakistan Muslim Personal Law (Shariat) Application Act V of 1962, the limited estates in respect of immovable property held by a Muslim female under the customary law were terminated, but section 7 (2) of the same act provided that the Act was not applicable to cases where the death of last full owner had occurred before the commencement thereof. In this case the last full owner died long before 1962 namely in 1938. Therefore, a mutation could not be sanctioned so long A as section 7 (2) remained on the statute. The order of the Assistant Collector II Grade was, therefore, illegal.
It has been further brought to my notice that section 7 (2) of the West Pakistan Muslim Personal Law (Shariat) Application Act V of 1962, was deleted by the West Pakistan Muslim Personal Law (Shariat) Amendment Ordinance of 1963. This Ordinances came into force on the 21st of November 1963. It is only after this date that a mutation like the one in dispute can be sanctioned.
It is also conceded by both sides that the determination of the shares by the Assistant Collector is correct. In these circumstances, I accept the revision, set aside all the orders passed previously and direct that the fresh mutation of inheritance shall be sanctioned in accordance with the shares determined by the Assistant Collector, IInd Grade, on 7‑8‑1963.
A. H. Order accordingly.
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