Law: Civil Procedure Code (V of 1908)

Section: 100

(a) Civil Procedure Code (V of 1908)----   -----S. 100-Second appeal Finding of fact, however, erroneous-Not to be interfered with in second appeal.   Abdul Majid v. Khalil Ahmad P L D 1955 F C 38 fol.   (b) Custom-Riwaj-i-am -----   ---- (Rawalpindi District) - Widow Inheritance-Widow shares for life equally with her sons and other male issues-Oral evidence unsupported by instances that widow inherits in lieu of maintenance-Not accepted.   Mst. Channi Bibi v. Ahmad Khan and others A I R 1924 Lah. 264; Ahmed Khan and others v. Mst. Channi Bibi A I R 1925 P C 267 ; Beg v. Allahditta and others A I R 1916 P C 129 ; Buta and others v. Mst. Farzand Begum P L D 1952 Lah. 451; Rustam Ali and others v. Ismail and others P L D 1956 F C 37; Ghulam Akbar v. Mst. Irshad Begum and others P L D 1963 S C 543 and Amir v. Sharif Shur 49 P R 1910 ref.   Date of hearing: 14th February 1966.  JUDGMENT   This Second Appeal arises out of a suit brought by respondent Bashir Ahmed in the Court of the Civil Judge, Second Class, Gujar Khan for establishing his title in respect of certain lands which he claimed by right of succession through deceased's grandfather Shadman Khan, a Moghul. One Shadman was the owner of 174 Kanals 6 Marlas of land out of a joint Khata of 227 Kanals 8 Marlas situated in village Devi, Tehsil Gujar Khan. He had five wives and died on 21st December 1941. He was survived by Bashir Ahmad leis grandson and Mst. Karam Noor, one of his widows.   On 29th May 1942 mutation No. 3590 was sanctioned. Under the mutation half of the property of the deceased was mutated in favour of respondent Bashir Ahmad, grandson of the deceased and the other half of the property was mutated in favour of Mst. Karam Noor, widow of the deceased. In August 1952 Mst. Karam Noor also died. On 9th January 1953 mutation No. 4440 was sanctioned in favour of Bashir Ahmad. Her entire property was mutated in his favour. But this was reversed on appeal filed by Mirza Bi, the appellant by the Collector's order dated 28th April 1953 on the ground that since Mst. Karam Noor was a barren widow she inherited the property of Shadman Khan as a limited…