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Petitioner: ILAM DIN Through Legal Heirs And Others VS Respondent: MUHAMMAD ISHAQUE
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Saad Saood Jan Title: ILAM DIN Through Legal Heirs And Others vs MUHAMMAD ISHAQUE Case No.: Civil Petition No.215 of 1989 Date of Judgment:1989-05-22 Reported As: 1991 SCMR 1911 Result: Petition dismissed
Judgment ORDER SAAD SAOOD JAN, J.---One Ibrahim was owner of some agricultural land in village Arzanipur of Tehsil Chunian. By an oral gift he transferred the said land to his son-in-law, Muhammad Ishaq, respondent. The relevant mutation in this regard was attested on 4-6-62. The petitioners filed a civil suit on 14-9-63 challenging the legality of the gift under the custom alleging that under the Riwaj applicable to the parties, Ibrahim was not competent to dispose of his property through a gift. The suit was decreed by the trial Court and the first appeal filed by Muhammad Ishaq before the Additional District Judge failed. Muhammad Ishaq then filed a second appeal in the High Court. While the appeal was pending in the High Court, the West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983 came into force. In accordance with the provision of section 2(a) of the Ordinance the High Court accepted the appeal, set aside the judgments of the subordinate Court and dismissed the suit. The petitioners seek leave to appeal from the judgment of the High Court. 2. After hearing the learned counsel, we are not persuaded that any case for interference with the judgment of the High Court has been made out, for, it is in accordance with the provisions of the Ordinance.
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