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  "title": "PUNJAB MUSLIM PERSONAL LAW (SHARIAT) APPLICATION (REMOVAL OF DIFFICULTIES) ACT, 1975",
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  "source_url": "https://punjabcode.punjab.gov.pk/en/show_article/ADVSYAI9V2U-",
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  "text": "THE PUNJAB MUSLIM PERSONAL LAW (SHARIAT) \r\nAPPLICATION (REMOVAL OF DIFFICULTIES) ACT, 1975 \r\n(XXV of 1975) \r\nCONTENTS \r\n1. Short title, commencement and extent \r\n2. Removal of difficulties \r\n3. Permission to file fresh suits, etc \r\n4. Bar to claim adverse possession \r\n5. Repeal of Punjab Ordinance No. V of 1975 \r\n \r\nTEXT \r\n1\r\nTHE PUNJAB MUSLIM PERSONAL LAW (SHARIAT) APPLICATION \r\n(REMOVAL OF DIFFICULTIES) ACT, 1975 \r\n(XXV of 1975) \r\n[31st March, 1975] \r\nAn \r\nAct \r\nto provide for the removal of difficulties of the lawful heirs of last male holders in \r\nrespect of the limited estates held by refugee females and to protect their rights with \r\nrespect to the said property. \r\nPreamble.–  WHEREAS refugee females who were limited owners under custom \r\nwere allotted evacuee property in the Punjab and such allottees were erroneously \r\ntreated as full owners of the property allotted to them; \r\n AND WHEREAS the Supreme Court of Paki stan has held that allottees are \r\nlimited owners under custom; \r\n AND WHEREAS it is expedient to extend the benefit of the said decision of \r\nthe Supreme Court of Pakistan to the persons aggrieved by the said erroneous view; \r\n It is hereby enacted as follows:– \r\n1. Short title, commencement and extent .– (1) This Act may be called the \r\nPunjab Muslim Personal Law (Shariat) Application (Removal of Difficulties) Act, \r\n1975. \r\n (2) It shall come into force at once but shall be deemed to have taken \r\neffect on and from the 15th day of March, 1948. \r\n (3) It extends to the whole of the Punjab. \r\n2. Removal of difficulties.– Notwithstanding anything to the contrary contained \r\nin any other law for the time being in force, all decrees, judgments or orders passed \r\nin any suit, appeal or o ther proceedings by any court or other authority treating a \r\nrefugee female allottee as full owner of the property allotted to her in lieu of the \r\nproperty abandoned by her in India or to which she was otherwise entitled, as a \r\nlimited owner, shall be of no l egal effect and such suit, appeal or other proceedings \r\nshall, on an application made by an affected person within one year of the \r\ncommencement of this Act, be decided afresh. \r\n3. Permission to file fresh suits, etc .– Any person aggrieved by an alienation \r\nor an order of succession with regard to any property allotted to a refugee female in \r\nlieu of the property abandoned by her in India or to which she was otherwise entitled \r\nas a limited owner under custom and who could not challenge such alienation or \r\nsuccession, may call it in question in a court or before any other authority within one \r\nyear of the commencement of this Act. \r\n                                                 \r\n1This Act was passed by the Punjab Assembly on 18 th February, 1975; assented to by the Governor of the Punjab on 31 st \r\nMarch, 1975; and published in the Punjab Gazette (Extraordinary), dated 31st March, 1975, pages 237-M to 237-N. \r\n4. Bar to claim adverse possession .– Any person who claims to have \r\nacquired any right or interest in property whether by alienation, succ ession or \r\notherwise, originally allotted to a refugee female limited owner, shall have no right to \r\nplead adverse possession against any lawful heir of the last male holder. \r\n5. Repeal of Punjab Ordinance No. V of 1975 .– The Punjab Muslim Personal \r\nLaw (Shari at) Application (Removal of Difficulties) Ordinance, 1975 (Punjab \r\nOrdinance No. V of 1975), is hereby repealed.",
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