1. MUHAMMAD AFZAL ZULLAH, J: --Leave to appeal has been sought by the plaintiff side in a declaratory suit regarding inheritance; against the dismissal by the High Court, of their Civil Revision.
2. The case has proceeded on the assumption that the land in dispute having remained at one time with a widow as a limited estate, its further devolution was to be determined in accordance with the customary law of inheritance. Accordingly the question of legal "necessity" and "consideration" regarding alienation by the widow was examined and determined against the petitioners.
3. After hearing the learned counsel in support of the points raised in the petition we consider it a fit case for leave to appeal for an additional reason; namely, that the effect of the judgment of this Court in Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407 regarding the application of Punjab Muslim Personal Law (Shariat) Act (Amendment) Ordinance (XIII of 1983), would also require examination---particularly in view of the decisions rendered in individual cases dealt in that matter. Leave to appeal, accordingly, is granted.
4. Security Rs.5,000.
5. The appeal shall be prepared on the present record with direction to the parties to file all those documents which would be necessary for disposal of appeal. Interim order to continue.