Law:

Section:

Constitution of Pakistan (1973)-Art. 185(3)-Leave to appeal to Supreme Court-Question of fact ­Contentions raised already attended to in fair detail by High Court ­View taken by Courts below found to be based on material before them-Held, does not call for interference.-[Question of fact] ORDER M. S. H. QURESHI, J.-These Civil Petitions are directed against the finding of the Courts below in the affirmative in regard to the legitimacy of respondent Mst. Sardar Begum as daughter of Jai Gopal alias Budhan Sain. The question arose when she, claiming to be his daughter, applied to the District Judge, Lahore, on 18-10-1953 for her appointment as guardian and manager of his person and property on the ground of his lunacy. As her status was denied by Mst. Hafeezan and Ahmad Shuja, who claimed to be the lunatic's wife and son respectively the District Judge rejected the application on 7-i 2-1954. Mst. Sardar Begum then instituted a suit for a declaration that she was the only legitimate daughter of Jai Gopal after his conversion to Islam and for the consequential relief by way of grant of an injunction restraining Mst. Hafeezan and Ahmad Shuja from calling themselves as his wife and son. Her case was that Jai Gopal had been admitted in the Mental Hospital on 8-11-1923 but had been released from there on 10-1-192T and the same year he had embraced Islam and in 1925 married her mother Mst. Iqbal Begum, from which wedlock she was born on 23-10-1927. According to her, Jai Gopal had again reverted to insanity in 1932 and had continued to be so till the institution of the suit.In the suit she had impleaded Mst. Hafeezan and her son Ahmad Shuja as well as Hari Kishan and Jai Kishan the two sons of Jai Gopal from a Hindu wife. Mst. Hafeezan and Ahmad Shuja submitted a written state­ment but thereafter took no further step to defend the suit and were proceeded against ex parte, while Hari Kishan and Jai Kishan having migrated to India at the time of Independence had become evacuees. The suit was thus defended only by the Manager of the estate of the lunatic already appointed by the District Judge. The only relevant issue, i.e. whether Mst. Sardar Begum was the only child…

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