Lawyers Directory Listing
Chat with us free on WhatsApp — tell us your city and legal matter and our team connects you with the right lawyer. No form, no fee.
Civil Petition for Special Leave to Appeal No. 781 of 1976, decided on 22nd March, 1982.
(On appeal from the judgment dated 25‑6‑76 of the Lahore High Court in R. S. A. No. 32 of 1969).
‑‑‑ S. 3 read with Colonization of Government Lands (Punjab) Act (V of 1912), S. 10‑‑Leave to appeal granted to consider question whether proprietary rights acquired by a widow under Colonization of Government Lands (Punjab) Act, 1912, can also be deemed to have been terminated under S. 3 of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962.
Pir Anwar Rehman, Advocate Supreme Court for Petitioner.
Itzaz, Ahsan, Advocate Supreme Court and M. A. Qureshi, Advocate‑on-Record for Respondent No. 1.
Sh. Masud Akhtar, Advocate‑on‑Record for Respondent No. 2.
Date of hearing: 15th March, 1982.
It is submitted that the learned Judge in the High Court, who passel the impugned judgment, has omitted to consider the judgment of a Division Bench of the same Court Mst. Begum v. Mst. Bai (P L D 1971 Lah. 567), wherein the point in dispute in this case had come up for consideration and the view taken therein was contrary to that expressed in the judgment impugned herein. In the precedent case the judgment of this Court in Ram Din v. Muhammad Din (P L D 1964 S C 842), was also duly considered and ratio of the precedent case fully applies in the circumstances of the present case.
We have perused the judgment in the precedent case and it seems to support the assertion made before us by the learned counsel for the petitioners.
Leave is, accordingly, granted to consider the question whether the proprietary rights acquired by a widow under the Colonization of Government Lands (Punjab) Act, 1912, can also be deemed, to have been terminated under section 3 of the West Pakistan Muslim Personal Law (Shariat) Application although the said provision in terms only terminates a imited estate under the Customary Law held by a Muslim female.
Security in the sum of Rs. 2,000.
Interim order passed on 17‑12‑1976 to continue meanwhile.
Leave granted.
Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.
🔍 Find a Lawyer