1. ' MUHAMMAD AFZAL ZULLAH, J.--A widow and two daughters of a Christian male owner have sought leave to appeal against the dismissal of their writ petition in an inheritance case, by a Full Bench of the Lahore High Court.
2. Besides, some questions of general public importance, we consider it a fit case, inter alia, to examine:-
(a) Whether, as pleaded from the petitioners' side in the High Court, the Succession Act, 1925 would not govern this case;
(b) Whether Punjab Laws Act, 1872 could not be applied to the present case;
(c) Whether the rule of customary law applied against the petitioners depriving these females of inheritance is not contrary to justice, equity and good conscience as understood in the Pakistani Jurisprudential context;
(d) Whether the said rule of custom is also opposed to justice, equity and good conscience as understood in the Christian community; and
(e) If the said rule is not opposed to justice, equity and good conscience as understood in Christian community; but is opposed to justice, equity and good conscience as understood in Pakistani Jurisprudential context; whether the former or the latter consideration would prevail in interpreting section 5 of the Punjab Laws Act, 1872 (in case it is applicable); which reads as follows:-- "S.5.--In questions regarding succession, special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, bastardy, family relations, wills, legacies, gifts, partitions, or any religious usage or institution, the rule of decision shall be--
(a) any custom applicable to the parties concerned, which is not contrary to justice, equity or good conscience, and has not been by this or any other enactment altered or abolished and has not been declared to be void by any competent authority;
(b) Leave to appeal accordingly is granted. Security Rs,5,000.
3. ' The appeal shall be prepared on the present record with direction to the parties to file all necessary additional documents.
4. The property in dispute shall not be alienated in any manner whatsoever by any party and status quo shall be maintained by all concerned during the I pendency of the matter in this Court.