Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973)--- ----Art.185(3)---Inheritance---Concurrent findings of fact---Respondent was excluded from inheritance of her grandmother on account of respondent's mother being a predeceased daughter---Trial Court decreed the suit and was affirmed by Lower Appellate Court---High Court while dismissing revision filed by the petitioners, had rightly repelled the contention raised on behalf of the petitioners, as the documents with regard to the relationship were admitted in evidence without any objection taken by them---Documents produced by respondents established direct relationship and the same was further proved by the testimony of two witnesses, who were from the motherhood of the predecessor of the parties and had special means of knowledge to depose as to the relationship---Witnesses produced by the petitioners on the other hand were totally strangers to the family and therefore their evidence was rightly discarded by the Courts below---Leave to appeal was refused. ORDER SH. RIAZ AHMED,. J.---Leave to appeal is sought against the judgment and order dated 17-7-1998 whereby a revision petition preferred by the petitioners assailing the judgment arid decree of the learned Civil Judge affirmed in appeal was dismissed. 2. The facts in brief giving rise to the institution of this petition are that one Meera, maternal grandfather of respondent Mst. Razia Bibi died on 2-7-1969. Mutation of his inheritance was attested on 28-3-1970 in favour of the petitioners. Mst. Saboo, a predeceased daughter of Meera and mother of the respondent was excluded from inheritance The respondent then instituted a suit assailing the aforesaid mutation, The petitioners contested the suit and denied the relationship of the respondent with Meara, The plan of limitation was also raised and it was averred in the written statement that the petitioners had perfected their title by virtue of their possession over the suit land for more than 12 year. Number of issues were framed and during the trial issues with regard to the description of property, form of the suit and Issue No.4 relating to the adverse possession and Issue No.6 regarding the sect of Meera deceased were not…

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