1. S. USMAN ALI SHAH, J.--Leave to appeal has been sought by the petitioners against the order of the Lahore High Court, dated 10-3-1987 whereby R.S.A of the .Petitioners was dismissed.
2. Sher Muhammad predecessor-in-interest gifted away the land in dispute in favour of the wife of his son k1uhammad Aslam on 21-4-1951. The petitioners challenged this gift under the prevailing customary rights on the ground of being reversioner of the donor, which was decreed in their favour on 24-11-1961 and Mutation No. 1353 dated 7-3-1965 was effected and the land was mutated back in the name of the donor Sher Muhammad. The respondents filed appeal against the said decree and during the course of pendency of the appeal the West Pakistan Personal (Shariat) Act (Amendment) Ordinance, 1983 came into force which made all such decrees void. The learned Additional District Judge vide his order dated 21-1-1987 held that the decree dated 24-11-1961 already passed in 0favour of the petitioners had become void as it was based upon customary rights and the appeal pending before him shall abate. Regular second appeal of the petitioners before, the High Court was also dismissed in limine on 10-3-1987. Hence this petition for leave.
3. After hearing the learned counsel in support of this petition we have come to the conclusion that the question whether the decree dated 24-11-1961 already passed in favour of the petitioners was a closed and past transaction which inter alia required determination. The decree thus becoming void after the enforcement of the West Pakistan Personal (Shariat) Act (Amendment) Ordinance, 1983 is a question of public importance and needs determination of this Court. Leave to appeal is therefore, granted.
4. Security Rs. 5,000.
5. Appeal may be made ready on the present record with direction to the parties to add necessary documents. No further alienation and alienation meanwhile will be subject to the decision by this Court.