Law:

Section:

(a) Constitution of Pakistan (1973)-----Art.185(3)--Custom (Punjab)--Will--Leave to appeal--Granted to consider whether question of deceased testator being governed by custom was a mixed question of fact and law and whether deceased testator at time of execution of will was possessed of disposing mind or suffering from marzul maut. --[Custom (Punjab) --Muhammadan Law]. (b) Civil Procedure Code (V of 1908)-- ---5.100--Custom (Punjab)--Will--Trial Court and Appellate Court concurrently holding that execution of will was not proved--Judgment of High Court holding that matter was concluded by findings of fact and question of appreciation of evidence was not permissible in second appeal--Held, cannot be taken exception to and that will not having been proved, question as to whether deceased at time of execution of will was possessed of disposing mind or suffering from marzul maut does not require any consideration. --[Custom (Punjab) --Muhammadan Law]. Munir A. Sheikh, Advocate Supreme Court instructed by Sh. Abdul Karim, Advocate-on-Record (absent) for Appellant. Ch. Altaf Hussain, Advocate Supreme Court instructed by Imtiaz Muhammad Khan, Advocate-on-Record for Respondents. Date of hearing: 2nd April, 1984. JUDGMENT S.A. NUSRAT, J.-- This appeal by special leave is from the judgment of the Lahore High Court dated 8th March, 1974, whereby a regular second appeal of the appellant was dismissed on the ground that the matter was concluded by findings of fact and questions relating to appreciation of evidence were beyond the purview of examination in a second appeal. The brief facts of the case are that Muhammad Ibrahim Shah who was the owner of the suit land died on 26th October, 1962. The deceased was alleged to have made a will during his lifetime in favour of the appellant on 1st September, 1962 on the basis whereof one-third share of the land left by the deceased was transferred in the name of the appellant through a mutation which was attested on 14th March, 1963. Muhammad Sharif, the first respondent herein, who is an heir of the deceased, filed a suit for declaration and injunction to the effect that the deed of will was forged and fictitious document. It was…

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