' MUHAMMAD JEHANGIR ARSHAD., J.--- This civil revision is directed against the judgnient, dated 14- 12-2006 passed by learned Additional District Judge-I, Bhakar whereby the appeal filed by the petitioner against the dismissal of his suit by the learned trial Court through judgment and decree, dated 13-12-2005, was also dismissed.
2. The facts in brief are that on the death of predecessor-in-interest of the parties namely Muhammad son of Manjh in the year 1939, his mutation of inheritance was sanctioned on 13-9-1939 in favour of Mst. Bhako his widow as limited owner under the custom. Since, Mst. Bhako contracted second marriage, therefore, the property left by said Muhammad was mutated in favour of her sole daughter Mst. Allah Wasai .Through Mutation Nos.154, dated 31-5-1940 and 224, dated 26-5-1942.
Since Mst. Allah Wasai started claiming herself as sole owner of the entire property, Muhammad Nawaz petitioner/plaintiff claiming himself as a collateral of Muhammad the original owner, filed a suit for declaration that he being the collateral was entitled to the entire property left by him and the mutations sanctioned in favour of Allah Wasai respondent, were against law, facts and ineffective qua his rights. The said suit was contested by Allah Wasai and the learned trial Court after framing issues and recording evidence, vide judgment, dated 13-12-2005 held that Mst. Allah Wasai was the limited owner and after promulgation of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, her limited estate terminated and the land would devolve on the legal heirs of said Muhammad who were alive at the time of his death and thus, the learned trial Court vide judgment, dated 13-12-2005 decreed the suit of Muhammad Nawaz petitioner in the following manner:---
(i) 1/8th share in favour of Mst. Bhako as widow;
(ii) 1/8th share in favour of Mst. Allah Wasai as daughter/sharer; and
(iii) 3/8 share in favour of Muhammad Nawaz being the collateral.
' Against the above mentioned judgment and decree of the learned trial Court, two appeals were filed, one by Muhammad Nawaz and the other by Mst. Allah Wasai. In his appeal Muhammad Nawaz sought decree with regard to the entire property in his favour, whereas, Mst. Allah Wasai challenged the decree of the learned trial Court on the ground of her being owner of the entire property left by Muhammad deceased as his daughter under the custom. Both the appeals were heard by learned Additional District Judge who vide consolidated judgment, dated 14-12-2006 dismissed both the appeals, hence, this civil revisior'
3. It has been argued by learned counsel that as the parties at the time of death of Muhammad, the original owner, were governed by custom, according to which daughters were only entitled to retain the property till their marriage or death and that as Mst. Allah Wasai had already contracted marriage with one Alu Khan, therefore, under the custom prevalent in the family of Muhammad deceased, the entire property at the time of death, on the marriage of Mst. Allah Wasai would have devolved upon Muhammad Nawaz petitioner being the only male heir member of deceased Muhammad under the said custom and that the two Courts below have wrongly decided the matter on the touchstone of West Pakistan Muslim personal Law (Shariat) Application Act, 1962.
4. Arguments considered. Record perused.
5. Admittedly at the time of death of Muhammad, the last owner of the property, his family was governed by custom. It is also the admitted position that on his death the property devolved on his widow namely Mst. Bhakar under the said custom. On her remarriage the. Same devolved on his only daughter Mst. Allah Wasai respondent under the custom. The suit was filed on 3-11-2000 when Punjab Muslim personal Law (Shariat) Act (Amendment), Ordinance XIII of 1983 had been enforced.
Through the said Ordinance, section 2(A) in the West Pakistan Muslim Personal Law (Shariat)
Application Act, 1962 was added w,e,f, 1-8-1983 and according to the said section all the customary rights were abolished and Shariat was declared as rule of inheritance and further any suit, appeal, etc. Pending on the said date seeking enforcement of custom as a rule of inheritance, was abated forthwith. In the light of above provisions of law, the two Courts below committed no illegality or irregularity by deciding inheritance of Muhammad deceased under the Muslim Law and passing the decree accordingly. The vices of. Said Ordinance came under challenge before the Honourable Supreme Court of Pakistan in the case Abdul Ghafoor v. Muhammad Shafi PLD 1985 SC 407 and the apex' Court on the force of said Ordinance, declared that all the suits, appeals, revisions, whether decided or pending and even in which decrees in favour of plaintiffs on the basis of custom were passed and even execution proceedings seeking possession of land under such decrees were pending except past and closed transaction, where possession of such land already delivered under such decree, stood abated. This petition, therefore, has no force and is II dismissed in limine.