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1989 SCMR 1236

ALLAH DITTA vs ZAFAR (Minor) and others

Citation1989 SCMR 1236
CourtSupreme Court of Pakistan
Case No.Civil Petition No,318 of 1981
Date1988-07-12
Judge(s)Muhammad Afzal Zullah, Dr. Javed Iqbal
ResultLeave granted

1. ' MUHAMMAD AFZAL ZULLAH, J.--A usual decree under Custom, against a sale on the ground of lack of consideration/legal necessity, having been granted the petitioner's (defendants') Civil Revision in that behalf was dismissed by the High Court. He has now sought leave to appeal.

2. Learned counsel has relied on section 2-A(b) of West Pakistan Muslim Personal Law (Shariat)

3. Application (Amendment) Ordinance, 1983; to contend that the law has changed and all decrees like the one in question stand annulled. He has also stated that the exception regarding, past and closed transactions, and/or possession having been transferred as a result of such decree, is not applicable to the present case. According to him, the vendors not having died, the decree has not yet come into operation. He has also relied on Abdul Ghafoor v. Muhammad Shafi (PLD 1985 SC 407) in so far as the question of retrospective operation of the Ordinance of 1983 is concerned.

4. ' The questions by the learned counsel require examination. Leave to appeal is granted. Security for costs Rs, 5,000.

5. ' The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents.

6. ' Status quo with regard to the property and its character shall be maintained by all concerned parties during the pendency of the matter in this Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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