ALI NAWAZ CHQWHAN, J. -- The judgments of the Courts below are at variance. The Trial Court had decreed the suit while this judgment and decree was reversed in appeal and the suit was dismissed. This was a suit for declaration under custom.
2. Brief facts of the case are that the plaintiffs are the sons of Shamir A.I, who was seeking declaration that the sale Of the suit land made by Shamir All who was reflected as defendant No. 2 vide registered sale-deed dated 29.9.1965 in favour of defendant Wali Muhammad was of no effect on the rights of the reversionaries at the time of death of the alienor.
3. The suit was contested mainly by defendant No, 1, the vendee Dr. Wali Muhammad, who raised a host tit. Preliminary objections against the maintainability of the suit, about the plaintiffs being estopped by their conduct in bringing the suit, on its maintainability, on the question whether it was a collusive suit between the plaintiffs and their father defendant No, 2 etc.
4. The learned Trial Court had framed I I issues which included the issues pertaining to legal necessity and payment of consideration against the sale, upon ancestral nature of the property, on whether the plaintiffs had a cause of action, on whether the suit was collusive, on whether defendant No. 2, the vendor was governed by customary law in matters of alienation and succession and had received the land under the said custom and as to what was the said custom.
The learned Trial Court decreed the suit although holding that the property was not ancestral and that there was a legal necessity for the sale.
5. The first Appellate Court reversed the findings of the learned Trial Court on the question of the ancestral nature of the property and held that the property in the hand of Shamir Ahmad was ancestral in nature. However, it upheld the finding with respect to legal necessity for sale. He will deciding the appeal as well as cross objections of the opposite party made the following observations while accepting the appeal and dismissing the suit:- "The upshot of the above discussion is that the land in dispute was ancestral property in the hands of Shameer Ahmad qua respondents 1 and 2. But, it was sold by him for legal necessity. I, therefore, accept the appeal and set aside the impugned decree and judgment of the lower Court and dismiss the suit of the respondents 1 and 2 and their cross-objections so fat as the question of legal necessity is concerned. Parties are left to bear their own costs because of the protected trial of the ease."
Consequently this regular second appeal has been filed in this Court.
6. While keeping the two judgments of the Courts below in juxtaposition this Court is of the view that the findings of the, learned District Judge, Kasur were coherent, logical and detailed.
7. However, the question is whether this second regular appeal was maintainable in view of the latest legal position in cases based on customary law in the Punjab?
8. The customary law in the Punjab as it is proverbally said has died by inches. It will be interesting to trace its genesis and its death through the phases of time Speaking of the origin of custom in India Roy in his book Customs and Customary Law in India has said:- "It is impossible to ascertain the precise beginning or to discover the rudimentary growth of an ancient and long established custom. It is of such high antiquity that neither human memory nor historical research can retrace it. Indeed on its antiquity and immemorial practice depend. The goodness of a custom. But though we are unable to trace the origin of a custom which is enshrouded in the mist of ages, yet we can ascertain the process by which a certain rule of conduct is gradually established into a custom. A rule of conduct, by uniform series of acts in pursuance of it, turns into a custom, which the people observe and follow without any coercion from anybody. The rule or rules come into existence without any apparent author. Their birth and growth is the natural consequences of the progress of human society; since no association of persons can exist permanently without adopting, consciously or unconsciously, some definite rules of conduct may have been based on utility, or may have arisen from social or communal necessity, but they have always the express or tacit sanction of the collective will or common consent of the people among whom they prevail: 9., Writing about the village communities and origin of customary law in India Sir Henery Maine while speaking about the origin of custom had the following opinion about its genesis:- ................................... If the term of Customary Law is to be found in the Patria Potestas, or the absolute and arbitrary orders of the head of the family to those immediately under him. There are in the history of law certain epochs which appear to us, with such knowledge as we possess, to mark the beginning of distinct trains of legal ideas and distinct courses of practice. One of these is the formation of the Patriarchal Family, a group of men and women, children and slaves, of animate and inanimate property, all connected together by common subjection to the Paternal Power of the Chief of the household. A great part of the legal ideas of civilised races may be traced to this conception. And the history of their development is the history of its slow unwinding."
10. According to Sir Henry Maine:- "That customs have been handed down to us from the remotest ages and not allowed to pass into oblivion is due to the conservative nature of man and to the reverential regard with which each member of a community or a tribe looks upon them. To isolate a custom is to him nothing short of a sacrilege. Thus, by right observances and constant practices, the traditional rules have been always kept in evidence and transmitted from generation to generation without any way being warped by extraneous influences. Further, the frequent discussions regarding the various customs among the people themselves, as occasions arise, have tended, in no small measure, towards their preservation."
11. The customary law, therefore, existed in the Punjab since remote antiquity. Originally it was not administered by Judges as such but by the "Panchayur like the Jirga in the NWFP. However, when the British came here they started regulating custom through legislation. One such illustration is Section V of the Punjab Laws Act of 1872 under whose clause-B although Muslim Law was to he the rule in matters of succession where parties were Muslim but this was subject to the condition that the said law had not been modified by any custom. And another illustration is Punjab Limitation (Ancestral and Alienation) Act, 1900. This was repealed by the Punjab Limitation (Customs) Act of 1920 which prescribed a time limit for the filing of various suits under custom.
12. We next have the Punjab Custom (Power to Contest) Act, 1920 (Act II of 1920). This Act imposed restriction on the powers of the descendants or collaterals to contest alienation of an immovable property on the appointment of a heir on the ground of the appointment being contrary to custom.
13. The next important legislation in this area is the Muslim Personal Law'(Shariat) Application Act of 1937 (Act XXVI of 1937). In its Section 2 the Act reflected its ambit and scope and it is reproduced below in extenso:- "Section 2. Application of Personal Law to Muslims: Notwithstanding any custom or usage to the contrary in ell questions (save questions relating to agricultural land) regarding intestate succession, special' property of females, including personal property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including, talaq, ila, zihar, lian, khula and mubarat,. Maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and religious endowments) the rule of decision in case where the parties are Muslim shall be the Muslim Personal Law (Shariat)."
14. After the creation of Pakistan the West Punjab Muslim Personal Law (Shariat) Application Act of 1948 was promulgated as Punjab Act IX of 1948. Its Sections 2 and 3 illustrate its scope and 'these are reproduced below in extenso:- "Section 2. Notwithstanding any rule of custom or usage, in all questions regarding succession (whether testate or intestate) special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, legitimacy or bastardy, family relations, wills, gifts, religious usages or institutions including waqfs, trust property, the rule of decision shall be the Muslim Personal Law (Shariat) in case where the parties are Muslims.
Section 3. In respect of immovable property held by a Muslim female as a limited owner under the Customary Law, succession shall be deemed to open out on the termination of her limited interest to all persons who would have been entitled to inherit the property at the time of the death of the last full owner had the Muslim Personal Law (Shariat) been applicable at the time of such death and in the event of the death of any such persons before the termination of the limited interest mentioned above, succession shall devolve on his heirs and successors existing at the time of the termination of the limited interest of the female as if the aforesaid person had died at the termination of the limited interest of the female and had been governed by the Muslim Personal Law (Shariat): Provided that the share, which the female limited owner would have inherited had the Muslim Personal Law (Shariat) been applicable at the time of the death of the last full owner, shall devolve on her if she loses her limited interest in the property on account of her marriage or re-marriage and on her heirs under the Muslim Personal Law (Shariat) if her limited interest terminates because of death."
15. Subsequently through Punjab Act XI of. 1951 Section 3-A was enacted which reads as follows:- "Section 3-A. Where a will made by a Muslim provides for more than one legatee succeeding to the testator's property one after the other, and the will has taken effect before the coming into force of the Punjab Muslim Personal Law (Shariat) Application (Amendment) Act, 1951, on the death of the legatee-in-enjoyment of the property at the time of the coming into force of that Act, the property shall devolve on such heirs and successors of the testator under the Shariat as would have inherited it had the testator dies intestate and if any person who would have so inherited the property or any share therein, had there been no will, has in the meantime died, his share in the testator's property, shall devolve on such of that person's heirs and successors as may be in existence at the time of the said legatee."
16. On further significant development in this connection took place with the promulgation of the West Pakistan Muslim Personal Law (Shariat) Application 'Act, 1962 (W.P. Act V of 1962). Section 2 of this Act speaks of the scope of the application of the Muslim Personal Law which reads as follows:- "Section 2. Application of the Muslim, Personal Law. Notwithstanding any custom or usage, in all questions regarding succession (whether testate or intestate), special property of females, betrothal, marriage, divorce, dower, adoption, guardianship, minority, legitimacy or bastardy, family relations, will, legacies, gifts, religious usage or institutions including Waqfs, trust properties, the rule of decision, subject to the provisions of any enactment for the time being in force, shall be the Muslim Personal Law (Shariat) in cases where the parties are Muslims."
17. Under its Section 3 the limited states in respect of immovable properties held by Muslim females under the Customary Law were terminated. However, Section 6 made the application of this law only for the future. Section 6 reads as follows:- 'Section 6. Section, 3, 4 and 5 only to be retrospective. - Save as expressly provided by the provisions of Sections 3, 4 and 5, this Act shall have no retrospective operation."
18. Through its Section 7 this Act repealed the following Laws:- "Section 7 . Repeal and savings (1)
The following enactments are hereby repealed:-
(a) - The Punjab Limitation (Custom) Act, 1920;
(b) The Punjab Custom (Power to Contest) Act, 1920;
(c) The Muslim Personal Law (Shariat) Application Act, 1937, in its application to West Pakistan;
(d) The North-West Frontier Province Muslim Personal Law (Shariat) Application Act, 1935; .(3) The Punjab Muslim Personal Law (Shariat) Application Act, 1948;
(f) The Muslim Personal Law (Shariat) Application (Sindh Amendment) Act, 1950;
(g) The Bahawalpur State Shariat (Muslim Personal Law) Application Act, 1951;
(h) The Khairpur State Muslim Female Inheritance (Removal of Customs) Act, 1952.
(2) This Act shall not apply to cases where the death of the last full owner or the termination of the life estate or the death of the legatee-in-enjoyment, as the case may be, has occurred before the commencement thereof, and all such cases shall be governed by the Acts repealed in sub-section
(1) according to territories in which they were operative."
19. The West Pakistan Muslim Personal Law (Shariat) Application Act, 1963 was amended through West Pakistan Ordinance XXXIX of 1963 and the amendment was brought about in Section 3 and Section 7 (2) which were amended. The amendments are reproduced below:- "2. Amendment of Section 3 of West Pakistan Act V of 1962. - In the West Pakistan Muslim personal Law (Shariat) Application Act, 1962, hereinafter in the Ordinance called the said Act, for Section 3, the following section shall be substituted and shall be deemed always to have been so substituted.
3. Termination of limited estates under Customary Law. - The limited estates in respect of immovable property held by Muslim females under the Customary Law are hereby terminated: Provided that nothing herein contained shall apply to any such saved by any enactment, repealed by this Act, and the estates so excepted shall continue to be governed by that enactment, notwithstanding its repeal by this Act.
3. Amendment of Section 7 of West Pakistan Act V of 1962. In Section 7 of the said Act, Subsection
(2) shall be omitted"
20. Later the West Pakistan Muslim Personal Law (Shariat) Application Amendment Act of 1964 was promulgated.
21. Another law i.e. The Punjab Muslim Personal Law (Shariat) Application (Removal of Doubts)
Ordinance, 1972 was promulgated for removing certain doubts. Section 2 of which reads as follows:-
12. Removal of doubts. (1) Notwithstanding any thing contained in the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 (West Pakistan Act V of 1962), the West Pakistan Muslim Personal Law (Shariat) (Amendment) Ordinance, 1963, (West Pakistan Ordinance XXXIX of 1963), the West Pakistan Muslim Personal Law (Shariat) Application (Amendment) Act, 1964 (West Pakistan Act XXVIII of. 1964) or any other law, or any proceedings pending before any Court or other authority, the limited estates in respect of immovable property held by Muslim females under the Customary Law shall be deemed to have been terminated with effect from 31st day of December, 1962.
(2), All decrees, judgments or orders passed in any suit, appeal or other proceedings by any Court or other authority which are inconsistent with the provisions of sub-section (1) shall he of no legal effect and such suits, appeals or other proceedings shall be decided afresh on the application of any person affected by such decree, judgment or order."
22. In the case Federation of Pakistan Vs. Muhammad Ishaque and another (PLD 1983 SC 273) the question before the Federal Shariat Court was whether the restrictions on the power of alienation of persons, who had inherited agricultural land under Customary Law, as prevailing in the Punjab before 16.3.1948 namely the date on which the West Pakistan Muslim Law (Shariat) Application Act, 1948 (Act IX of 1948) came into force was opposed to the Injunctions of Islam. The case of Muhammad Ishaque before the Federal Shariat- Court was: that the Customary Law in the Punjab, according to which the system of agnatic succession was followed, was the rule of law followed amongst the Hindus, while, Islam negatived the agnatic theory of succession, because the estate of a deceased person under Muslim Law devolved on agnates and cognates including widow and distant kindred Consequently, it was contended that Section 5 of the Punjab Laws Act, 1872, which continued the restraints of the Customary Law in question of the alienations of the land inherited before 16.3.1948, was against the Injunctions of Holy Quran and Sunnah and, therefore, was liable to be declared as void. The Federal Shariat Court in its judgment dated 19.5.1981 upheld this contention observing that a Customary estate differs from an estate under Islam, insofar as the absolute property is conferred under Islam to the heirs, both male and female and, consequently, Islam does not, recognise the difference between ancestral or non-ancestral property or between male and female heirs. Each heir gets the portion of the inheritance fixed by Shariat and gets an absolute right to it including the right to dispose it of according to his free-will. Reliance was placed for this view on the following passage from Muslim Law by Syed Amir A.I, Volume II, page 20:- "There is no distinction between the ancestral and self-acquired property. The owner for the time being has absolute dominion over all property in his possession whether he has acquired it himself, or whether it had devolved upon him by inheritance. He can sell or dispose of it in any way he likes, provided operation is given to it during his lifetime. It is only with regard to dispositions intended to take effect after the donor's death or made in extremis that his power of disposition is limited by the right of his heirs. He cannot be a testamentary disposition reduce or enlarge the shares of those, who by law are entitled to inherit."
23. A relevant portion from the judgment is reproduced below in extenso:- "Reliance was also placed by the Federal Shariat Court on Chapter 4, Verses 11, 12 and 176 of the Holy Quran to show that there is absolute vesting in the ownership with right to spend it in any manner one likes, like a heir and such ownership with right to spend it in any manner one likes, likes heir and such ownership is not used in a restrictive sense. In the result, It was held by the Federal Shariat Court that the custom impugned in the petition and continued in force by Section 5 of the Punjab Laws Act in the Punjab, was included in the definition of law, given a Article 203-B of the Constitution and that it was repugnant to the Holy Quran and Sunnah. A declaration was, therefore, given that the custom allowing challenge by collaterals to the alienation of the property inherited under Custom by a full owner is repugnant to the Injunctions of Islam and a direction was issued that the necessary amendment in the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, be made by the 30th of June, 1981. Hence, this appeal.
The main submission of Syed Riazul Hassan Gilani, learned counsel for the appellant, Federation of Pakistan, is that it is permissible in Islam to place restrictions on absolute ownership over property because under the Injunctions of Islam imposition of limitation and restrictions on the unfettered rights of ownership is not forbidden. According to him, the question in essence in this case is whether in an Islamic Polity and property, which has been inherited before enforcement of Shariat at a point of time when Customary Law as still the governing rule in matters of its alienation, can continue to be the subject to the same restrictions and limitations, or must ipso facto yield to the Islamic conception of the absolute ownership of property even without any nullification of these restrictions by express legislation?
Thus, we cannot accept the contention of the learned counsel of the appellant, Syed Riazul Hassan Gilani, that restrictions on the right of alienation imposed by Customs of persons inheriting agricultural land before 16.3.1948 can be imposed in Islam because the Hadith cited by him is in different context and is not attracted here; and that for this reason it is not necessary to go into the other question of its authenticity or conflict with the Holy Quran in this case.
The result is that there is no force in this appeal which fails and is dismissed hereby. We would, accordingly, uphold the direction of the Federal Shariat Court that the necessary amendment should be carried out in the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962. This was observed to be done by the 30th of June, 1981. However, this direction was stayed by this Court pending the disposal of the appeal. Since the appeal has been dismissed the necessary amendment, should now be carried out by the 30th of June, 1983."
24. Another important development took place through the promulgation of West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 which brought about an amendment in the West Pakistan Muslim Personal Law (Shariat) Act of 1962 which was to the following effect:- "2. Amendment of West Pakistan Act V of 1962. -- In the West Pakistan Personal Law (Shariat) Act, 1962, after Section 2, the following new Section 2-A shall be inserted:- 2-A. Succession prior to Act IX of 1948.-- Notwithstanding anything to the contrary contained in Section 2 or any other law for the time being in force, or any custom or usage or decree, judgment or order of any Court, where before the commencement of the Punjab Muslim Personal Law (Shariat) Application Act, 1948, a male heir and 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 taw (Shariat);
(b) any decree, judgment or order of any Court affirming the right of any reversioner under custom or usage, to call in question such an alienation of directing delivery or possession of agricultural land on such basis shall he void, inexecutable and of no legal effect to the extent it is contrary to the Muslim Personal Law (Shariat) Act;
(c) all suits or other proceedings of such a nature pending in any Court and all execution proceedings seeking possession of land under such decree shall abate forthwith: Provided that nothing herein contained shall be applicable to transactions past and closed where possession of such Ind has already been delivered under such decrees."
25. In the case of Abdul Ghafoor and others Vs. Muhammad Shafi and others (PLD 1985 SC 407) this amendment through the addition of Section 2-A in Ordinance (XIII of 1983) came under review. In this connection it was observed:- "In appeal No. 4, the appellant side is the vendee from Hussain Bakhsh who had inherited the land in dispute before 15.3.1948 under Custom but now he shall be treated as absolute owner and deemed to have inherited under Muslim (Shariat) Law, by virtue of newly-added Section 2-A to Act V of 1962. The decree in favour of the respondent side whereby the alienation by Hussain Bakhsh was set aside (conditionally) is, in the light of the foregoing discussion (by operation of statutory bar) not now executable: as the sale could not at all be set aside. Otherwise too, that decree is subject to the result of this appeal. It is accordingly so declared. The appeal is thus allowed. The decree is set aside. The suit shall stand dismissed. There shall be no order as to costs."
26. The next important case-law on the subject is Mst. Farida and 2 others Vs. Rehmatullah and another (PLD 1991 SC 213). The facts of this case were as follows:- "The petitioners are the daughters and the respondents the sons of Nadir Khan who died in 1972-73.
The exact year of his death is disputed but admittedly he had died much before the extension of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, to this area on 15,1.1976. He left behind 26 Jaribs of land. The petitioners brought a suit in 1978 against the respondents for a declaration that they (petitioners) are owners of 6/14th share in the land and that the defendants had no right in the said share. The petitioners' suit was dismissed and so was their appeal, whereafter they came in revision before the Peshawar High Court, which was accepted only qua the share of Rehmatullah respondent who had admitted the petitioner's claim before the Trial Court. The High Court maintained the dismissal of the suit otherwise, upon the view that Section 2 of the Act not being retrospective, the petitioners could not claim a share under the Muslim Law in the estate' of-their deceased father who had died during custom.
The question arising in this case, that is, whether the Ad, in its application cannot be given retrospectivity, needs to be examined in the light of this Court's judgment in Muzaffar Khan v.
Roshan Jan (PLD 1984 SC 394). Leave is accordingly granted.
The respondent's side has chosen to stay away and they are being proceeded ex parte. We with the help of the learned counsel have carefully considered the law laid down by this Court in the case of Muzaffar Khan noted in order. It is true that the Government of N.W.F.P. Did not take any formal specific steps to enact a law in pursuance of the decision of the Shariat Appellate Bench of this Court in the Federation of Pakistan v. Muhammad Siddique and another (PLD 1983 Supreme Court 273); as it was done in the Punjab. There the relevant law was enacted in the form of West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, XIII of 1983. It was held in the case of Muzaffar Khan that it would not make any difference. Insofar as the question of retrospectivity is concerned the position both in Punjab and N.W.F.P. In this behalf would not be dissimilar. It was also held that as soon as the decision of this Court in its Shariat Appellate Bench took effect as from 30th June, 1983, the words "subject to the provisions of any enactment for the time being in force" in, Section 2 of the West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, "ceased to have effect". As a result amongst others one consequence visualised and held in the case of Muzaffar Khan was that "the N.W.F.P. Act of 1935 is to be given retrospective effect and that whenever a dispute comes before a Courtr of law with regard to succession to the estate of a Muslim deceased, he will he deemed to have died under the domain of Muslim Law, even if the death had taken place before coming into force of the West pakistan Muslim Personal Law (Shariat) Application Act of 1935. Accordingly, in this case the fact that the Act of 1962 was not in force in the area concerned on 15.1.1976 would not make any difference because as observed above the Islamic dispensation contained therein read with the same dispensation contained in 1935 Act had taken over retrospectivity even prior to 15.1.1976 and even before the 1962 Act was formally applied to the area concerned. To what extent the law would be retrospective, as noticed above, it was held that the same would be definitely beyond 1935. Farthest limit we need not go into because in the present case Nadir Khan the last male-holder admittedly died in 1973 or 1973.
Therefore, the appellants being his daughters would get ,their share in his inheritance in accordance with Islamic Law. This appeal thus is allowed. The remaining share in addition to what was granted to them by the High Court shall now be allowed to them and the necessary changes would be made in all the relevant records including the record-of-rights."
27. Because of these changes brought about through legislation and further improved by the case- law, customary law has been taken over completely by the Muslim Personal Law (Shariat) in respect of all matters pertaining to rights in properties, succession, will, marriages, Waqf, trust etc. Etc.
28. The rights guaranteed by the Holy Quran through Sura Al-Nisa, Chapter-IV, verses 7, 8, 11, 12 and 176 bestowing rights on an owner of property and his powers for disposal of the property is now the law. These verses are quoted below for purposes of immediate reference:- "From what is left by parents And those nearest related There is a share for men And a share for women, Whether the property be small Or large, a determinate share."
"Allah (thus) directs you As regards your children's (inheritance): to the male, A portion equal to that Of two females; if only Daughters, two or more, Their share is two-third Of the inheritance; If only one, her share is a half For parents, a sixth share Of the inheritance to each, If the deceased left children; If no children, and the parents Are the (only) heirs, the mother.
Has a third; if the deceased Left brothers (or sisters)
The mother has a sixth.
The distribution in all cases Is after the payment Of legacies and debts, Ye know not whether Your parents or your children Are nearest to you Settled portions ordained By Allah and Allah is All-knowing, All-Wise."
"In what your wives leave, Your share is a half, If they leave no child; But if they leave a child, Ye got a fourth; after payment Of legacies and debts, Their share is a fourth.
If ye leave no child; Before ye leave a child, They get an eighth; after payment Of legacies and debts, If the man or woman Whose inheritance is in question Has left neither ascendants nor descendants, But has left a brother Or sister, each one of the two. Gets a sixth; but if more Than two they share in a third; After payment of legacies And debts: so that no loss Is caused (to anyone).
Thus is it ordained by Allah, And Allah is All-Knowing. Most Forbearing,"
"They ask the For a legal decision..
Say: Allah directs (thus)
Abut those who leave No descendants or ascendants As heirs. If it is a man That dies, leaving a sister But no child, she shall Have half the inheritance: If (such a deceased was)
A woman, who left no child, Her brother takes her inheritance: If there are two sisters, They shall have two-thirds Of the inheritance (Between them): If there are Brothers and sisters, (they share), The male having twice The share of the female.
Thus doth Allah make clear To you (His law), lest Ye err. And Allah Hath knowledge of all things."
29. In this case Shamir Ahmad, the vendor being the absolute owner could have disposed of his property even if there was no legal necessity although, he had the legal necessity, being an absolute owner and the plaintiffs could not have restricted him in doing so.
30. The learned counsel for the appellant was confronted with this legal position who accepted it but with his own reservations.
31. I find no merits in this RSA, which, is dismissed with costs. 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.