' ZIA MAHMOOD MIRZA, J.---This is a petition for leave to appeal against the judgment of Lahore High Court, dated 22-6-1993 whereby appeal of the plaintiffs/respondents herein (R.SA. No, 769/78) was accepted, judgment and decree of the Additional District Judge set aside and judgment of the trial Court dated 7-5-1976 decreeing the plaintiffs suit was restored.
2. Facts necessary for the disposal of this petition, briefly stated, are that one Haji who owned land in two villages, namely Mauza Gehlan Pathar and Beer Khai, Tehsil Chunian, District Lahore died on 19-2-1944 leaving behind a widow Mst. Zainab Bibi, two sons Qasim Ali and Khalil and two daughters Mst. Fatima Bibi and Mst. Sharifan Bibi. Qasim Ali and Khalil inherited his estate in equal shares. Qasim Ali who was unmarried is stated to have died on 17-12-1944. On his death, his share also went to Khalil who thus became owner of the entire of estate of his father. Khalil too died on 29-1-1945 and his entire estate was then mutated in the name of his mother Mst. Zainab Bibi.
3. Mst. Zainab Bibi sold the land held by her in Mauza Beer Khai to her daughters Mst. Fatima Bibi and Mst. Sharifan Bibi vide mutation attested on 29-5-1965. This sale was challenged by Mahji, a brother of Haji, in a suit for possession brought in Civil Court on 23-2-1966. Case of the plaintiff was that Mst. Zainab Bibi was maintenance-holder under custom; her estate came to an end with the enforcement of Muslim Personal Law (Shariat) Application Act, 1962 and that he being a paternal uncle of Khalil, the last male owner, was entitled to 1/6th share in his estate and that the impugned sale was inoperative qua his reversionary rights. It may be stated that the plaintiff Mahji has died and the respondents herein are his legal heirs.
4. Mst. Zainab Bibi who has since died and her two daughters, the petitioners herein resisted the suit contending that Mst. Zainab Bibi was full owner of the property and was thus fully competent to alienate the same. They also denied that the plaintiff Mahji had any relationship with Haji.
5. Learned trial Court after framing the necessary issues and recording the evidence adduced by the parties decreed the suit holding that Mst. Zainab Bibi held the suit land by way of maintenance for life which she could alienate for legal necessity only which was duly 'proved on record and, therefore, she was competent to sell the land. It was, however, further held that with the termination of all limited interests by Shariat Application Act of 1962, the sale made by Mst. Zainab Bibi in 1965 was valid only to the extent of her own 1/6th share which devolved on her as mother of Khalil. It was accordingly held that Mst. Fatima and Mst. Sharifan being the sisters of Khalil were entitled to 2/3rd share and the plaintiff Mahji being his uncle to the residue 1/6th share.
6. On appeal, learned Additional District Judge dismissed the plaintiff's suit on the short ground that Mst. Zainab Bibi being a maintenance-holder and not the holder of a limited estate, section 3 of the Shariat Act was not attracted with the result that the .Plaintiff had no locus standi to challenge the sale of land by Mst. Zainab Bibi.
7. Feeling aggrieved, the respondents herein approached the High Court in second appeal which, as stated above, has been accepted and the decree of the trial Court passed in favour of the plaintiffs has been restored. The learned Judge in the High Court has decided the case with reference to section 2-A added in Shariat Act, 1962 by Ordinance No, XIII of 1983 which provided that where before the commencement of the Punjab Muslim Personal Law (Shariat) Application Act, 1948, a male heir had acquired any agricultural land under custom from the person who at the time of such acquisition was a Muslim:- "(a) he shall be deemed to have become, upon such acquisition, an absolute owner of such land, as if such land had devolved on him under the Muslim Personal Law (Shariat);" basing himself on this provision and a judgment of this Court in the case of 'Abdul Ghafoor and others v. Muhammad Shafi and others' reported in PLD 1985 Supreme Court 407, the learned Judge has held that Khalil was the 'male heir' on whom the suit land had devolved under custom within the meaning of section 2-A of the Shariat Act and that 'the estate of Khalil had devolved upon his mother and two sisters Mst. Fatima Bibi and Mst. Sharifan Bibi, their shares being 1/6th and 2/3rd respectively and that the residue 1/6th had devolved upon Mahji."
8. Learned counsel appearing in support of this petition relying upon a case reported in PLD 1964 Lahore 334 contended that Mst. Zainab Bibi held the suit land by way of maintenance for life and not as life-estate and, therefore, section 3 of Shariat Act of 1962 had no application to it and consequently the plaintiff had no locus standi to bring the suit calling in question the alienation made by Mst. Zainab Bibi. The contention raised does not merit any serious consideration in view of the provisions of newly added section 2-A afore-referred where under a person who as a 'male heir' had inherited agricultural land before 15-3-1948 under custom shall be deemed to have inherited such land under Shariat Law. The factual position regarding devolution of the property before the enforcement of Shariat Application Act which has not been denied quite clearly shows that Khalil was the 'male heir' within the meaning of section 2-A who had inherited the agricultural land before 15-3-1948. That being so, his mother and two sisters would inherit 1/6th and 2/3rd shares respectively and the residue 1/6th share would go to the plaintiff Mahji who was his paternal uncle. The High Court judgment proceeded on correct premises, legal as also factual. There is no merit in this petition which is hereby dismissed and the leave sought by the petitioner is refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.