' The land in question belonged to one Punnu. He died issueless and was survived by two widows namely Sahib Bibi and Saban Bibi who had limited estate. Sahib Bibi died in the year 1975 while Mst.
Saban Bibi died on 25-11-1993. The said Mst. Saban Bibi transferred the land to Anwar etc., vide a registered sale-deed No,831, dated 5-3-1975. The said vendees transferred some land to the plaintiff No,1 and some land to Mst. Saban Bibi through registered sale-deeds. Mutations Nos.93 and 94 were entered on the basis of said sale-deeds but were later cancelled. The said Mst. Saban Bibi transferred the land on the basis of the entries in the Revenue Record vide a mutation No,332, dated 20-1-1990. All these sale transactions subsequent to the registered sale-deeds were alleged to be illegal by the petitioners in suit filed by them against the respondents seeking a declaration that the said transactions are void and that they be declared to be owners of the suit land. The suit was resisted by the respondents. Alongwith the suit, an application for grant of Temporary Injunction was filed for an order restraining the respondents from interfering into the possession of the petitioners and alienating the suit land in any manner. The application was also contested by the respondents. The learned trial Court rejected the application vide an order, dated 7-5-1995.
Feeling aggrieved, the petitioners filed an appeal which was heard by a learned Additional District Judge, Sahiwal who dismissed the same on 11-10-1999.
2. Learned counsel for the petitioners contends that the registered deeds executed by Mst. Saban Bibi have not been challenged and even if she be deemed to be a limited owner, the said transaction not being void but voidable, the petitioners had made out a prima facie case. Mr. Muhammad Siddique Kamyana, Advocate for the respondents, on the other hand, relying upon the case of "The Federation of Pakistan v. Muhammad Ishaque and another" (PLD 1983 SC 273) states that the estate held by a widow under the provisions of the Colonization of Government Lands (Punjab) Act, 1912 is at par with a customary limited estate to which the provisions of West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962) applied and as such in the year 1975 when the first alienation was made by Mst. Saban Bibi, she was not a limited owner and as such alienation was void beyond her widow's share in the estate of Punnu.
3. I have gone through the documents appended with the Civil Revision. I intend to agree with the contention of Mr. Muhammad Siddique Kamyana, Advocate to the effect that the said Judgment of the apex Court does lay down the Law that a limited estate under the said Act of 1912 is at par with a customary limited estate arid subject to provisions of the West Pakistan Muslim Personal Law (Shariat Application) Act, 1962. The result would be that the limited estate of Mst. Saban Bibi stood terminated on 31-12-1962. With effect from the said date, she seized to be a limited owner as her limited estate stood terminated by operation of Law. This being the position, the initial alienation made by her was void beyond her widow's share in the estate of Punnu. Learned counsel for the respondents does not seriously contest the prima facie claim of the petitioners to the extent of Mst.
Saban's share in the suit land. Consequently I allow this Civil Revision partly and modify the impugned orders with the observation that there shall be no alienation to the extent of Saban's widow share in the estate of Punnu (suit land) till the decision of the suit.
4. Both the learned counsel insists that the direction be issued for early decision of the suit by the learned trial Court as a short point of law is involved in the litigation. Consequently, a copy of this order be remitted to the learned trial Court with directions to expedite the matter and to decide the suit before the year 2000 is out.