Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Islamic Law-- ---Inheritance-Limitation-plaintiffs were legal heirs of the deceased and were entitled to the extent of their respective shares in the legacy--- Inheritance would open the moment propositus had breathed his last-Formal documentation for devolving of inheritance to legal heirs as their shares was not required as their shares had been ordained in the Holy Qur'an in specific terms---No law could over-run the commandments of Qura'nic text nor wrong entry of mutation in favour of some legal heirs could over-weigh the stipulation of such commandments---Entries of revenue record were made for fiscal purpose---No limitation would run in the matters of inheritance---Legal heirs on the death of propositus would become co-sharers in the property and possession of one co-heir/co-sharer would be deemed to be on behalf of all the co-sharers/co-heirs-Suit of plaintiffs was within time---Both the courts below had rightly appreciated the evidence in its true perspective and decreed the suit---No illegality or irregularity was pointed out in the impugned s passed by the courts below--- Revision was dismissed in circumstances. Mst. Suban v. Allah' Ditta and others 2007 SCMR 635; Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1; Shahro and others v. Mst. Fatima and others PLD 1998 SC 1512 and Muhammad Rafiq and others v. Muhammad Ali and others 2004 SCMR 704 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction-Scope-Concurrent findings-Scope of revisional jurisdiction was very limited---Revisional Court could not set aside the concurrent findings of facts nor it could upset the same even if on appreciation of evidence a different view could be formed unless such findings were patently illegal, without jurisdiction or result of mis-reading and non-reading of material evidence or were based on conjectural presumptions or erroneous assumption. Haji Muhammad Saleem v. Khuda Bakhsh PLD 2003 SC 315 rel. Haji Riaz Muhammad Khan and Faridullah Khan for Petitioner. Sardar Ali Khan and Sardar Naeem for Respondents. Date of hearing: 13th May, 2014. JUDGMENT MUHAMMAD DAUD KHAN, J.---Through this Revision Petition, the…

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