Law:

Section:

(a) Islamic Law-------Constitution of Pakistan, Art. 185(3)---Faith---Inheritance---Leave to appeal was granted to consider the submission inter alia that of High Court as regards faith of the deceased and inheritance of his property by the parties, suffered from gross misreading and non-reading of evidence on record (b) Islamic Law--- ----Faith---Inheritance---Dispute over inheritance of property of the deceased--- Faith of the deceased--­- Determination--- Scope---Plaintiffs/respondents (nephews of the deceased) claiming that the deceased was a Muslim, therefore, they were entitled to inherit his property--­Defendant/appellant (niece of the deceased) being an 'Ahmadi' claiming that the deceased converted into an 'Ahmadi', therefore, she alone was entitled to inherit---Plaintiffs filed a declaratory suit in regard to said dispute, which suit was dismissed by the Trial Court but was allowed in appeal by both the Appellate courts below---Contentions of the defendant/appellant were that sufficient evidence was available to show that the deceased was an 'Ahmadi'; that merely because deceased was mentioned as a Muslim in his application form for the issuance of Identity Card did not make him a Muslim; that the summary inquiry carried out by the Tehsildar preceding the impugned mutation clearly established that the deceased was an 'Ahmadi'---Validity---Admittedly the deceased was born a Muslim and allegedly he converted into an 'Ahmadi'---No direct documentary evidence existed with regard to the faith of the deceased in the form of his own affidavit or in the shape of his registered membership of an organization of any faith or sect---Evidence led by the defendant to prove that the deceased was converted into an 'Ahmadi' was not credible---Witness to the alleged conversion could not mention the date and time of the alleged conversion, but admitted that the father of the deceased was a Muslim and that he was buried in a Muslim graveyard---None of the persons who appeared before the Tehsildar, during the trial stated that the deceased was an 'Ahmadi'---Plaintiffs had led strong circumstantial evidence to prove that the deceased was a Muslim---Testimony of the some of…

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