Law: Constitution of Pakistan, 1962

Section: 98

Law: Constitution of Pakistan, 1973

Section: 199

(a) Constitution of Pakistan (1962)                                                    Art. 98-Writ jurisdiction--Impugned order found to be just and fair and purporting to do substantial justice between parties-field, cannot be interfered with in exercise of discretionary jurisdiction under Art. 98-Constitution of Pakistan (1973), Art. 199.-[Writ]. (b) Constitution of Pakistan (1973) Art. 199-Writ-Cannot be issued in aid of injustice.-[Writ]. Nawab Syed Raunaq-Ali: etc. v. Chief Settlement Commissioner and others P L D 1973 S C 236 and Tufail Muhammad and others v. Rain Muhammad Zaullah Khan and another P L D 1965 S C 269 ref. Date of hearing : 18th June 1975.                                                                                                                                                           JUDGMENT Pira son of Faqir caste Dogar, resident of village Bhagran, Tehsd Dasuha, District Hoshiarpur (India) was deceased right-holder who died in India in 1945. He left behind four sons, namely, (1) Dewan Ali ; (2) Mehr Ali; (3) Muhammad Chiragh and (4) Subhan Ali; and a daughter Mst. Ghulam Fatima who was married to one Barkat Ali. From a perusal of Annexure 'A' which is a copy of it appears that the estate of the deceased was verified against claim forma Nos. 2645, 18153, 13158, 13125 and 3155 on the basis of which a Khata bearing Nos. 195 was opened in the name of Pira son of Faqir. The afore said document further shows that mutation bearing No. 1. pertaining to the inheritance of Pira was attested. It is further to be noticed that Mehr Ali had also died in India and Mutation No. 2 of his inheritance was also similarly finalised.…