In view of the decision given by the Shariat Appellate Bench in Shariat Appeal No, 1/81 etc. This appeal is allowed. The whole of section 4 of the N.-W.F.P. Tenancy Act, 1950 and the N.-W.F.P.
Tenancy Rules, 1981, are held to be repugnant to the Injunctions of Islam. This decision shall take effect on 23rd March, 1990 whereupon the provisions declared repugnant to the Injunctions of Islam shall cease to have effect.
2. The operation of section 4 of the N.-W.F.P. Tenancy Act, 1950, the Rules framed thereunder and the provisions ancillary thereto which are self-executory shall not be in any manner affected by this decision till the aforesaid provisions cease to have effect, i.e, on 23-3-1990.