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1987 MLD 3301

Mst.ALLAH JAWAI and 5 others vs NAZIR ALI and 15 others

Citation1987 MLD 3301
CourtLahore High Court
Case No.Review Application No,14-C of 1985
Date1987-10-27
Judge(s)Akhtar Hassan
ResultApplication dismissed

' This Review Application has been brought against my order dated the 1st of June, 1985, whereby the present-appeal was held to have abated under section 2-A of the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983, because the decree challenged therein had become void.

2. Mr. Rawn for the applicants seriously canvassed that the afore- mentioned Ordinance had no application to the facts of the present case. His contention was that after the death of Mst. Jewan as widow of the last male owner Maula Bakhsh taking place in 1960, Shariat applied and after allowing her personal share to the extent of 1/8th, the residue would pass on to the predecessors of the present applicants, namely, Maula Bakhsh's daughter Mst.Zainab Bibi and his sister Mst. Allah Jiwai.

3. I am afraid this proposition is not acceptable. A perusal of the plaint would show that the widow Mst.Jewan had made quite a few alienations during her lifetime and those were challenged by reversioners of Maula Bakhsh. The entire suit was based upon those decrees obviously obtained under Custom. A careful reading of section 2-A ibid. Makes it abundantly clear that all such decrees had become void and the appeals brought against them had abated. In fact, the Custom was, by a single stroke of pen, abolished in all its aspects. Even old successions taking place prior to 1948 were deemingly held to have had been governed by Personal Law despite the fact that Custom may have been the rule applicable in the past times. This was the reason why the decrees obtained neanwhile on the basis of reversionary rights recognized by Custom alone were set at naught. No other interpretation is possible. This view has been confirmed in Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407.

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