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Petitioner: KHUDA BAKHSH and others VS Respondent: Mst. NIAZ BIBI and another
Court Name: Supreme Court of Pakistan Judge(s): Saleem Akhter, Ajmal Mian, Wali Muhammad Khan Title: KHUDA BAKHSH and others vs Mst. NIAZ BIBI and another Case No.: C.P.LA. No. 387 of 1992 Date of Judgment:1993-04-21 Reported As: 1993 SCMR 1547 Result: Leave granted
Judgment ORDER ' SALEEM AKHTAR, J.---The petitioners seek leave to appeal against the judgment of the High Court whereby the High Court held that in view of Ilam Din and others v. Muhammad Ashfaq (1991 SCMR 1991) and section 2 of Ordinance XIII of 1983 the proceedings including suit and appeals have abated. 2. Briefly the facts are that Khuda Bakhsh, predecessor-in-interest of the petitioners filed a suit in the Court of Civil Judge, Jauharabad for a declaration that the gift of land measuring 84 Kanals and 6 Marlas made by Khanjar Khan deceased in favour of Falak Sher by mutation dated 1-2-1966 was illegal and against custom and thereby void and ineffective on his reversionary rights, who was his collateral. He claimed possession of half share of the suit land. The suit was decreed on 21- 3-1969 and the appeal filed by the respondents was dismissed on 20-6-1969. He then filed second appeal on 30-9-1969. It seems that as no stay had been granted the petitioners in execution of the decree obtained delivery of possession on 6-12-1969. The second appeal was held to have abated as aforestated by the impugned judgment dated 28-10-1992. 3. The learned counsel contended that as before the West Pakistan Muslim Personal Law (Shariat Application) (Amendment) Ordinance, 1983 came into force the petitioners had already obtained possession of the land and therefore it was a past and closed transaction and was not hit by the Ordinance. 4. Leave is granted to consider the question whether in the facts of this case the ratio of Ilam Din's case has correctly been applied.