SAYED NAJAM-UL-HASSAN KAZMI, J. -- Noor Muhammad, appellant herein, filed a suit for declaration to the effect that he was owner of land measuring 25-1/4 kanals and that the respondents, had no concern whatsoever and also that mutation No. 2253 dated 20.3.1967, 2353, dated 5.11.1968 were liable to be amended to the effect that Mst. Gullan would not be entitled to any share in the property nor on her demise, her heirs would be entitled to claim any share therein.
2. Jallu son of Nabu, husband of Mst. Ghulam was, originally, owner of land in issue. Mst. Gullan was firstly married to Pallu and on his demise, she was married to Jallu.
3. On the demise of Jallu, the land was mutated in the name of his widow Mst. Gullan and his grand-sons.' Mutation No. 1391, dated 26.9.1943, was attested in this regard. Subsequently, Mst.
Gullan died and her share was mutated in favour of Mst. Rehmo, (daughter) 1/2, Malku and Muhammad nephews 1/2, respondents Nos. 1, 2 and 3 herein. This was vide mutation No. 2353, dated 20.3.1967.
4. The appellant claimed, that Mst. Gullan, got the property as maintenance under custom and that her share could not, fall on her real daughters and instead it should revert to Kallu from whom the property shall devolve upon the appellant.
5. The suit was decreed by the learned Civil Judge, on 24.1.1973, which decree was set aside in appeal by the learned Additional District Judge, on 21.6.1975 who dismissed the suit of the appellant.
6. Learned counsel for the appellant, while challenging the findings in appeal, submitted, that the share of Gullan, could not devolve on her real daughters and that she being the second wife of Kallu, the property acquired by her through the inheritance of Kallu, could not go to the heirs of Gullan. He submitted that she could hold the land as maintenance and on her demise, no further interest would devolve on her heirs.
7. Admittedly, the suit is based on the plea of custom. According to the appellant, the property should revert back, under custom, to the heirs of Kallu. In view of the nature of the suit and the averments made therein, the same stands abated by operation of Ordinance XIII of 1983. Section 2- A of West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983, reads as follows:- "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 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);
(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 or directing delivery or possession of agricultural land on such basis shall be 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 land has already been delivered under such decrees."
8. In view of the provision of Section 2-A of Ordinance XIII of 1983, this appeal cannot proceed and will be deemed to have abated.
9. Even otherwise, on merits, the appeal is devoid of any substance. On the demise of Jallu, his estate devolve upon the widow and two grand-sons. The widow being (issueless from Jallu) could get l/4th share in his entitlement, under the Shariat Law. On the enforcement of Punjab Muslim Personal Law (Shariat Application) Act, 1948 she will be deemed to have acquired l/4th share in the land. Mst. Gullan being widow of the deceased, inherited her share from the estate, and under Shariat on her death, the rights held by her would devolve upon her heirs who had blood relation with her. It could not go to the step relations from Jallu. The appellant having no blood relation with Mst. Gullan, could not inherit any share from ^he part of the land .Devolve upon her, from the inheritance of Jallu nor the property could revert as claimed by the appellant. In this case, the mutation was sanctioned, regarding inheritance of Mst. Gullan in favour of her real daughter and real nephew.