Law:

Section:

(a) Muhammadan Law------Inheritance---Exclusion of legal heir (daughter.) from inheritance---Quality of evidence required---Held, to exclude a legal heir from inheritance, strong and convincing evidence was required to discharge the burden--- Plaintiff in order to succeed, must prove his case and stand on his own legs rather to take advantage of weakness of the case of adversary and must have special knowledge about the defendant's relationship with the deceased. (b) Appeal (civil)-- ---- Concurrent findings, setting aside of---Findings recorded concurrently should not be lightly interf.-red with, unless same were either perverse, or there was any tion-reading or misreading of evidence or substantial injustice had been done to the party. JUDGMENT MUHAMMAD YUNUS SURAKHVI, .I.---This appeal has been directed against the judgment and decree of the High Court dated 30-5-1996, whereby the appeal filed by the plaintiffs-respondents, was accepted and the judgments and decrees of the Courts below were set aside. 2. The facts leading up .to the present controversy are that a suit for declaration and perpetual injunction was filed by the plaintiffs-respondents in the Court of Sub-Judge, Mirpur, on 18-3-1991 claiming therein that the plaintiffs­ respondents were the only legal heirs of Ghulam Ahmad, deceased, as such entitled to get the estate left by him. According to the plaintiffs, Mutation No.218 which was also attested to the extent of defendant-appellant was illegal, ineffective and inoperative as against their rights. The suit was resisted by the defendant-appellant. Neessary, issues arising out of the pleading of the parties were framed. The plaintiffs, in support of their case, examined Ghulam Rasool and Fazal Karim as their, witnesses. Muhammad Akbar, one of the plaintiffs, also appeared as his own witness. The defendant-appellant, however, did not produce any evidence in rebuttal. The learned trial Judge, after conclusion of the suit, dismissed the same and the appeal, filed before the District Judge also failed. The second appeal filed by the plintiffs-respondents, herein before the High Court, as said earlier, was accepted vide the impugned order dated…

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