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Petitioner: SULTAN IBRAHIM VS Respondent: MUHAMMAD HAYAT And Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Rustam S. Sidhwa Title: SULTAN IBRAHIM vs MUHAMMAD HAYAT And Other Case No.: Civil Petition for Leave to Appeal No.267-R of 1989 Date of Judgment:1990-02-26 Reported As: 1991 SCMR 2050 Result: Leave refused
Judgment ORDER MUHAMMAD AFZAL ZULLAH, CJ.---Leave to appeal has been sought by the plaintiff side against the acceptance by the High Court of respondents' Regular Second Appeal in a usual case of inheritance and challenge to an alienation. The suit was dismissed by the trial Court. The petitioner's first appeal, however, was allowed. Before the decision of the Second Appeal filed by the respondent's side before the High Court, West Pakistan Muslim Personal Law (Shariat) Act (Amendment) Ordinance, 1983, was enforced. Accordingly giving effect to section 2-A of the said Ordinance, the respondents' appeal was allowed on account of the said change of law. Learned counsel states that in view of the provisions contained in section 2-A, he has now practically no case to press. Moreover, this Court also gave effect to section 2-A in a recent judgment Abdul Ghafoor and others v. Muhammad Shafi and others PLD 1985 SC 407. Learned counsel admits that the said judgment also goes against him. Accordingly this petition fails and leave to appeal is refused.