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Civil Miscellaneous No. 1095/C of 1984 in Regular Second Appeal No. 265 of 1979, decided on 9th May, 1984.
---S. 2-A(b) & (c) [as added by West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983)1--Appeal, abatement of-- Reversionary rights, asserted in suit giving rise to judgment and decree and appeal, relating to agricultural land acquired before commencement of Punjab Personal Law (Shariat) Application Act, 1948- Held: By operation of cl. (b) S. 2-A of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 judgment and decree acquired before commencement of Punjab Muslim Personal Law (Shariat) Application Act 1948 had become void, inexecutable and of no legal effect and under pl. (c) appeal abated.--[Appeal (civil)--Abatement].
Ch. Muzamal Khan for Appellants.
Sh. Zia Ullah for Respondent.
Date of hearing: 9th May, 1984.
The appellants, Muhammad Shafi and others, have made C.M. No. 1095-C/84, praying that the appeal may be dealt with in accordance with the provisions of the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983.
2. It was contended by learned counsel for the appellants that the reversionary rights asserted by the respondent in the suit giving rise to the judgment and decree under appeal related to agricultural land acquired by one Bashir before the commencement of the Punjab Muslim Personal Law (Shariat) Application Act, 1948 and, therefore, the judgment and decree passed in favour of the respondent had become void, inexecutable and of no legal effect. He also maintained that the appeal had abated due to the coming into force of the said Ordinance.
3. On the other hand, it was submitted by learned counsel for the respondent that there was no documentary evidence on the record to show that the said Bashir had inherited the agricultural land under custom before the 15th March, 1948, when the said Act had come into force and, therefore, the provisions of the, said Ordinance were not attracted to the present case.
4. Karam Elahi was the father of Bashir referred to above. It is in the statement of the respondent, Jalal Din, as P.W.4, that the father of Bashir had died before the establishment of Pakistan. Pakistan came into being in 1947. It is not denied that Bashir had acquired the disputed land as an heir of his father (Karam Elahi). It is the respondent's own case that he had got it under custom. It can, therefore, be easily gathered from the pleadings of the respondent coupled with his above statement that Bashir had acquired the land in question under custom from his father before the coming into force of the said Act. In this view of the matter, the provisions of the said Ordinance are applicable to the appeal in hand.
5. It was by the said Ordinance that section 2-A was inserted in the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962. By operation of clause (b) of section 2-A the judgment and decree impugned herein have become void, inexecutable and of no legal effect, and under clause (c) thereof the appeal before me has abated. These facts are hereby recorded. The C.M. is disposed of accordingly.
M. Y. H. Order accordingly.
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