Law:

Section:

(a) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)------S. 2-A---Custom (Punjab)---Application---Daughters of last male owner claiming to be governed by Muslim personal law in matters of inheritance filed a suit for declaratory decree to this effect in respect of estate left by their deceased father---Defendants claimed that deceased having died before partition, his inheritance was governed by Custom---Plaintiffs' (daughters') suit was dismissed by Trial Court but decreed by Appellate Court which came to conclusion on basis of evidence that deceased in matters of inheritance was governed by Muslim personal law and not by Custom ---Validity---Wajib-ul-Arz of three villages where property of deceased was situate clearly mentioned that deceased being Syed was governed by Muslim personal law in matters of inheritance and such entries related to year 1927-28 about 11 years before death of deceased--­As against such documentary evidence produced by plaintiffs, defendant's oral evidence relating to applicability of Custom was of no significance and was insufficient to prove that deceased in matters of inheritance was governed by Custom---Defendants were required to prove not only that deceased in matters of inheritance was governed by Custom but also to establish as to what that particular Custom was ---Defendants could not prove either of such factum--­Parties were thus, governed by Shariat law in matter of inheritance of deceased and plaintiffs (daughters) were entitled to inherit their shares in accordance with Shariat law. ---[Muhammadan law]. Bashir Ahmad v. Abdul Wahid PLD 1995 Lah. 98; Muhamamd Hussain and others v. Muhammad Hussain and others PLD 1987 Lah. 615; Aziz and another v. Yousuf PLD 1988 Lah. 625; Muhammad Rafiq v. Salim Ahmad 1994 CLC 1683; Sher Muhammad Khan v. Dost Muhammad Khan and others AIR 1925 Lah. 231; Karam Bakhsh and another v. Mt. Mehtab Bibi and another AIR 1939 Lah. 93; Sajawal Shah and another v. Syed Rahim Shah and another PLD 1975 SC 325; Fazal Dad v. Mst. Noor Nishan and others 1969 SCMR 607; Mst. Qaisar Khatoon v. Maulvi Abdul Khaliq and another PLD 1971 SC 334; Ghulam Ali and 2 others v. Mst. Ghulam Sarwar…

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