Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Islamic law--- ----Inheritance---Sect---Scope---Contention of plaintiffs was that inheritance mutation had been attested presuming the deceased professing shia faith whereby they had been deprived from their shares in the suit property---Suit was decreed concurrently---Validity---Plaintiffs and their witnesses had stated that deceased and his family were professing sunni faith---Defendants had neither claimed conversion of the deceased from sunni sect to shia sect nor there was any evidence to that effect---Defendants were required to prove conversion of the deceased from sunni faith to shia faith---No receipt for payment of contribution to shia Anjuman had been produced---Sunni Imam had led the funeral prayer of the deceased---No illegality and material irregularity had been pointed out in the impugned s passed by the Courts below---Second appeal was dismissed in circumstances. Pathana v. Mst. Wasai and another PLD 1965 SC 134; Muhammad Bashir and others v. Mst. Latifa Bibi through L.Rs. 2010 SCMR 1915; Haji Khuda Bakhsh v. Muhammad Saleem Akbar Shah and others 1999 CLC 1608 and Allah Bakhsh and others v. Mst. Bhagan 1994 CLC 1942; Fazal Dad and others v. Jehandad and others 1991 CLC 1783; Mst. Surayia Begum and another v. Sardar Saeed Ullah through L.Rs. 2006 CLC 994; Mst. Sarwar Noor v. Ali Haider and another 2009 CLC 400; Mst. Daulan v. Muhammad Hayat 2002 YLR 3247 and Ghulam Shabbir and others v. Mst. Bakhat Khatoon and others 2009 SCMR 644 rel. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Scope---Concurrent findings recorded by the courts below on the basis of evidence available on record as well as on law could not be interfered with in second appeal. Naseer Ahmed Siddique through Legal Heirs v. Aftab Alam and another PLD 2011 SC 323; Bashir Ahmed v. Mst. Taja Begum and others PLD 2010 SC 906 and Amjad Sharif Qazi and others v. Salim Ullah Faridi and others PLD 2006 SC 777 rel. THIS JUDGMENT DELIVERED BY: AMIN-UD-DIN KHAN, JUSTICE:---.--- Through this second appeal the appellants have challenged the judgment and decree dated 19.04.2011 passed by the learned Additional District Judge, Jhang whereby the appeal filed by the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492