Pakistan Case Lawโ† Search
1991 SCMR 2050

SULTAN IBRAHIM vs MUHAMMAD HAYAT And Other

Citation1991 SCMR 2050
CourtSupreme Court of Pakistan
Case No.Civil Petition for Leave to Appeal No.267-R of 1989
Date1990-02-26
Judge(s)Muhammad Afzal Zullah, Rustam S. Sidhwa
ResultLeave refused

ORDER

1. MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought by the plaintiff side against the acceptance by the High Court of respondents' Regular Second Appeal in a usual case of inheritance and challenge to an alienation.

2. The suit was dismissed by the trial Court. The petitioner's first appeal, however, was allowed. Before the decision of the Second Appeal filed by the respondent's side before the High Court, West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983, was enforced.

3. Accordingly giving effect to section 2-A of the said Ordinance, the respondents' appeal was allowed on account of the said change of law.

4. Learned counsel states that in view of the provisions contained in section 2-A, he has now practically no case to press. Moreover, this Court also gave effect to section 2-A in a recent judgment Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407. Learned counsel admits that the said judgment also goes against him. Accordingly this petition fails and leave to appeal is refused.

For educational and research use only โ€” not legal advice. Verify against the official report before relying on it. See our Disclaimer.
DisclaimerยทPrivacyยทTermsยทSearch