' ABDUL SHAKOOR PARACHA, J.---Dispute relates to the property and inheritance of Allah Dad Khan who married thrice with Mst. Jan Bibi, Mst. Fatima Bibi and Mst. Sardaran Bibi. Petitioners are the daughters of said Allah Dad Khan from the wedlock of Mst. Jan Bibi, second wife, Mst. Fatima Bibi gave birth to a daughter namely Mst. Maqbool Begum. She was divorced by him in his lifetime. Out of the wedlock of third wife Mst. Sardaran Bibi, a daughter namely Mahmooda Bibi was born. Allah Dad Khan had no male issue, who died in the year 1967. Mutation of his inheritance No,3589 was sanctioned on 25-5-1967. The same was viewed by another Mutation No,312 dated 11-5-1987.
Petitioners were deprived of their shares. They challenged the mutation by filing a civil suit in the Court of Civil Judge, Narowal. The same was resisted by the defendants-respondents. On facts they admitted that Allah Dad Khan had five daughters. They also admit that petitioner mother Mst.
Saira Bibi died in the lifetime of Allah Dad Khan. Necessary issues were framed by the trial Court.
Evidence was recorded. The suit of the petitioner-plaintiff was decreed and declaration was awarded that they are the owner of 2/15 share in the properties of the said Allah Dad Khan, deceased. In appeal the judgment and decree of the trial Court dated 7-9-1998 has been reversed by the learned District Judge, Narowal, on the ground that, "the provisions contained in section 4 of the Muslim Family Laws Ordinance, 1961, as presently in force, in repugnant to the Injunctions of Islam and Federal Shariat Court directed the President of Pakistan to take steps to amend the law so as to bring the said provisions in conformity in the Injunction of Islam. "It was further directed that the said provisions which has been held repugnant to the Injunction if Islam shall cease to had effect from 31st March, 2000." Since the suit of the petitioner-plaintiffs was decreed in the light of provision of section 4 of the Muslim Family Laws Ordinance, 1961, which could have not been granted by learned Civil Judge.
2. Learned counsel for the petitioner contends that the decree dated 7-9-1998 passed by Civil Judge on the basis of section 4 of the Muslim Family Laws Ordinance (VII of 1961) in favour of the heirs of predeceased daughter could have not been reversed due to the decision of the Federal Shariat Court. Whereby section 4 of the said Ordinance was declared as un-Islamic and ceased to have effect from 31st March, 2000, because the appeal has not been disposed of by Hon'ble Supreme Court, and decision cannot take effect before the disposal of such appeal.
3. Argument of learned counsel for the petitioner is well-founded.
' Admitted position on the record is that the petitioners are the daughters of Siaran Bibi, daughter of Mst. Jan Bibi, first wife of Allah Dad Khan. Their suit was decreed by the Civil Judge on the mandate of section 4 of Muslim Family Laws Ordinance (VII of 1961) which is still intact. No doubt section 4 of the ibid Ordinance has been declared as un-Islamic by the Federal Sharait Court in case reported as Allah Rakha and others v. Federation of Pakistan and others (PLD 2000 FSC 1) but under proviso to Article 203(D)(2) the decision cannot take effect before the disposal of the appeal by the Hon'ble Supreme Court. This being so, the judgment and decree of the learned District Judge Narowal is without jurisdiction,which is set aside and judgment and decree passed by learned Civil Judge in favour of the petitioners/plaintiffs is restored.