Law:

Section:

Mohammedan Law-   ---Inheritance--Shares of collateral and daughter--Re-calculation-­Collateral challenging share of respondent-daughter of deceased in estate left by deceased inheriting 1/2 share out of share of her sisters who died issueless and 1/8th share belonging to her mother--Supreme Court after recalculation of share of respondent coming to conclusion that total of her share would come to same extent which had been decreed in her favour--No interference being called for, leave to appeal refused. ORDER JAVAID IQBAL, J.- Leave to appeal is being sought against the judgment and decree of a Division Bench of the Lahore High Court Lahore dated 19th November, 1979 passed in RFA No.155 of 1960. The pedigree-table of the parties is given in para 1 of the impugned judgment and need not be reproduced here. Briefly the facts are that Rahman deceased (died in 1940) had landed property in two villages. In village Tikha he had about 3,590 Kanals and in village Gijiana he had about 137 Kanals. The said Rahman had two wives, one Mst. Bhagan who died before Rahmans death and from her he had two daughters namely Mst. Mehran who had also died, and Mst. Roshanai respondent No.l. The other wife was Mst. Rai Bibi who had been murdered and from her Rahman had two daughters also namely Mst. Bibi who was not party to the suit and Mst. Madan who died in .1953. The present petitioner is collateral of Rahman. Mst. Roshanai respondent No.l instituted a suit in 1958 claiming that after the death of Mst. Madan out of the total landed property belonging to her father Rahman she was entitled to inherit 5/8th share as heir of Rahman. The position before she filed the suit was thus: About 137 Kanals of land in village Gijiana stood mutated in favour of Mst Madan and after the death of Mst. Raj Bibi who was a limited owner about 3,590 Kanals of land situated in village Tikha stood mutated in favour of the reversionary. The suit filed by Mst. Roshanai respondent No.l was decreed in her favour on…

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