Law:

Section:

(a) Islamic law--- ----Inheritance---Muslim sect---Presumption---Predecessor-in-interest of petitioners / plaintiffs was the only daughter of deceased owner of suit property, who claimed her father to be Shia by faith---Validity---Every Muslim in the sub-continent is presumed to belong to Sunni sect, unless 'good evidence' to the contrary is produced by the party contesting the same---Judicial determination of whether such presumption of faith of a party, positively stands rebutted, would be adjudged by the Court on the principle of preponderance of evidence produced by parties---No strict criteria can be set to determine faith of a person and therefore to pass any finding thereon---Courts are to consider surrounding circumstances i.e. way of life, parental faith and faith of other close relatives---Predecessor in interest of petitioners / plaintiffs failed to prove that deceased owner of suit property was professing Shia faith during his life time---Ultimate result would be that the deceased owner was Sunni by faith and the same was rightly determined and declared as such by the Courts below while passing judgments and decrees---Concurrent/coexisting possession of deceased predecessor-in-interest of petitioners/plaintiffs and after her demise, that of the petitioners/plaintiffs, her successors, would be considered---High Court declined to interfere in concurrent findings of facts by two Courts below as they had committed no illegality, irregularity and wrong exercise of jurisdiction, rather after evaluating evidence on record reached a just conclusion that defendants failed to prove their case through trustworthy and reliable evidence---Revision was dismissed, in circumstances. Mst. Chanani Begum (Deceased) through LRs. v. Mst. Qamar Sultan 2020 SCMR 254; Abdul Rehman and others v. Mst. Allah Wasai and others 2022 SCMR 399; Ghulam Shabbir and others v. Mst. Bakhat Khatoon and others 2009 SCMR 644; Tahira Bibi v. Muhammad Khan and others PLD 2018 Lah. 803; Mst. Zaitoon Begum v. Nazar Hussain and another 2014 SCMR 1469; Cantonment Board through Executive Officer, Cantt. Board Rawalpindi v. Ikhlaq Ahmed and others 2014 SCMR 161; Muhammad Farid Khan v. Muhammad…

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