Law: Constitution of Pakistan, 1973

Section: 185(3)

Muhammadan Law--- ----Inheritance---Petitioners had claimed that after death of the lady who was a limited owner and refugee right holder of land in dispute their deceased father was entitled to inherent said land as collateral on basis of pedigree-table and he filed suit in this behalf---Respondents who later on had also filed suit, had claimed that deceased lady was not limited owner and plaintiffs were not collateral of deceased lady and, thus, respondents were entitled to inherent land in dispute---Both suits were consolidated and suit filed by predecessor-in-interest of petitioners was dismissed up to High Court, whereas suit filed by respondents was decreed---Leave to appeal to Supreme Court was granted to consider as to whether decrees in suit. were passed in accordance with law and evidence on record---Constitution of Pakistan (1973), Art. 185(3). ORDER AJMAL MIAN, C.J.---By this common order we intend to dispose of the above two petitions which are directed against a common order dated 4-6-1998, passed by a learned Single Judge of the Lahore High Court in Civil Revisions Nos. 957-D and 958-D of 1998, filed by the petitioners against the common judgment/decree of learned Additional District Judge, Sheikhupura dated 28-4-1998 in Appeals Nos. 243 and 244 of 1994, dismissing the same and affirming the common judgment and decree dated 17-10-1994 in Suits Nos.272/1 of 1989 and 18/1 of 1991. The brief facts are that Umar Din, predecessor-in-interest of the present petitioners filed Suit No.272//1 of 1991 for inter alia declaration by averring that Mst. Tabi widow of Ghulam Muhammad was a limited owner and refugee right holder-who expired during the partition disturbances. It was further averred that she was allotted land measuring 145 Kanals and 15 Marlas in lieu of land abandoned by her in village Tajpura, Riasat Kapoor Thala. It was also averred that after the death of her husband the suit land devolved upon her as limited owner. It was further stated that on the basis of the pedigree-table, the petitioners' predecessor-in-interest after the death of Tabi was entitled to inherit the suit land as her collateral. It was also stated that factually the same was…

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