Law:

Section:

(a) Constitution of Pakistan (1973)--- ---Art. 199Writ jurisdictionQuestion whether a certain person survived another Essentially one of factQuestion of fact decided by Settlement authority on material evidence producedHigh Court, held, rightly declined to interfere with finding of Settlement authority. (b) Constitution of Pakistan (1973)--- Art. 185Leave to appeal to Supreme CourtPoint neither urged before High Court nor before tribunal originally seized of case­-Petition for leave to appeal on such point dismissed. ORDER MUHAMMAD GUL J. This petition is from the judgment of the High Court dated 9111973, dismissing Writ Petition No. 1477R of 1966 filed by the -Petitioners herein. The dispute is about the right of inheritance to one Karam Dad a right-holder who died early in 1953. Mutation of his inheritance entered at No. 51 was attested on 2341953 in favour of his three brothers Ghulam Muhammad, Jagirdar and Mansabdar and sister Mst. Barkate. Ten years later, -Respondents 1 to 4, sons of Ghulam Muhammad who died in the meantime, filed a timebarred appeal for the exclusion of sons of Mst. Barkate from the inheritance on the ground that their mother had predeceased Karamdad and therefore did not succeed to the deceased rightholder under the Muslim Law of Inheritance. The appeal was accepted by Deputy Settlement Commissioner vide order dated 1941962. On a revision by the sons of Mst. Barkate the case was remanded by the Additional Settlement Commissioner on 2041963 to the Deputy Settlement Commissioner for a fresh decision after hearing all parties concerned it, the dispute. On remand, the Deputy Settlement Commissioner after hearing the parties vide order dated 1810-1963 confirmed the earlier order of D.S. C. dated 1941962 and the two sons of Mst. Barkate were again excluded from inheritance to the deceased rightholder. It is pertinent to point out that Nisar Ahmad (-Petitioner No. 1 herein) who was present in person, on being asked by the D. S. C. to produce evidence in support of his case, expressed his inability to do so. On a further revision by the sons of Mst. Barkate the order of the Deputy Settlement Commissioner was upheld by the Additional Settlement…

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