Law:

Section:

(a) Islamic Law-------Inheritance---Sect---Deceased being issueless left behind a mother and sister---Mother's statement in court to the effect that her deceased son was shia by faith---Validity---Sister would retain remaining property, if deceased was found to be a shia by faith---Such evidence of mother aimed at benefiting her daughter was interested and discarded in circumstances. (b) West Pakistan Land Revenue Act (XVII of 1967)--- ----S. 135---Partition of agricultural property---Jurisdiction of Revenue court or civil court---Scope---Jurisdiction to grant such relief would lay with Revenue court---Decree of civil court granting such relief would be nullity in eye of law. (c) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 76(f), 78 & 85(1)(iii)--- Secondary evidence--- Proof of signature on an application by a person since deceased---Scope---Application by said person (deceased) to Deputy Commissioner---Tendering of certified copy in evidence without proving signature of deceased on such application---Validity---Secondary evidence to prove such signature on such copy would not be necessary for same being certified copy of such application. Ch. Mushtaq Ahmed Khan, Senior Advocate Supreme Court for Petitioners. Gulzarin Kiani, Senior Advocate Supreme Court for Respondents Nos. 3, 4 and 5. Ch. Abdul Aziz, Naib Tehsildar for Respondents Nos.7 and 8. Date of hearing: 2nd March, 2012. JUDGMENT EJAZ AFZAL KHAN, J.---This petition for leave to appeal has arisen out of the judgment dated 26-5-2010 of the Lahore High Court whereby the learned Judge in his chambers dismissed the petition filed by the petitioners and maintained the judgment and decree of the learned Appellate Court. 2. Brief facts of the case as spelt out in paragraph-1 of the impugned judgment read as under:-- "The summary of facts of this case is that predecessor-in-interest of the respondents instituted suit for possession in respect of land measuring 3888 kanals and 1 marla, mentioned in the plaint, for partition of 1/6th share out of Haveli and for rendition of accounts being legal heirs of Fateh Khan son of Allah Dad. Fateh Khan died on 3-6-1970. Mst. Anwar Sultan, defendant No.1 being 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