EHSAN-UL-HAQ vs MUHAMMAD NAWAZ Ss — 2025 SCMR 1673 SUPREME-COURT

Case information

Citation: 2025 SCMR 1673 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: EHSAN-UL-HAQ vs MUHAMMAD NAWAZ Ss
Subject matter: Civil
Provisions referred to: S. 2-A---S; Application Act (V of 1962); Application Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

EHSAN-UL-HAQ VS MUHAMMAD NAWAZ Ss. 42 & 54---Muslim Personal Law (Shariat) Application Act (V of 1962), S. 2-A---Suit for declaration and injunction---Mutation of inheritance---Limited estate---Owner through will---Appellants / plaintiffs claimed share in suit property on the plea that respondents / defendant had become owners on the basis of will executed in favour of their predecessor-in-interest, in year 1934---Suit was decreed in favour of appellants / plaintiffs but Lower Appellate Court and High Court dismissed the suit---Validity---Creation of life interests for enjoyment of usufruct of properties upon death of a male holder were done away with and were subjected to Muslim Personal Law (Shariat) Application Act, 1962---By virtue of section 2-A of Muslim Personal Law (Shariat) Application Act, 1962 limited estates had been done away with retrospective application of such provision---Predecessor-in-interest of respondents / defendants became the absolute owner of property in question---Supreme Court declined to interfere in judgment and decree passed by High Court---Appeal was dismissed, in circumstances.

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