Law:

Section:

(a) Civil Procedure Code (V of 1908)--S. 115---Revision---Inheritance---Question of relationship between the deceased and heirs being essentially a question of fact stood concluded by the finding of fact arrived at by the First Appellate Court after appraisal of evidence---High Court could decline to interfere with such findings in revision under S.115, C.P.C. (b) Qanun-e-Shahadat (10 of 1984)--- ----Art. 30---Admission---Admission of a co-plaintiff or a co-defendant does not bind the other. Ghulam Nabi Bhatti, Advocate Supreme Court instructed by Ch. Mehdi Khan Mehtab, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 16th December, 1999. ORDER . CH. MUHAMMAD ARIF, J.---In this petition under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973 challenge has been made to judgment dated 29-6-1998 passed by- a learned Judge in Chambers of the Lahore High Court, Lahore whereby Civil Revision No.2373 of 1986, brought by the petitioner against the judgment dated 12-10-1986 of a learned Additional District Judge, Sheikhupura was dismissed. 2. The background is that the dispute between the parties revolves around the inheritance of one Muhammad Bashir. It was vide Mutation No. 15 attested on 30-4-1953 (Exh.B/1) that the estate. of Muhammad Bashir devolved upon (1) Mst. Hashmat Bibi as his widow, (2) Mst. Hanifan Bibi, (3) Mst. Umran Bibi, and (4) Mst. Jamilan Bibi as daughters. Vide Mutation No.263 attested on 9-3-1967, the three daughters sold their share to Shah Muhammad petitioner No. l while the widow gifted her share to Muhammad Hanif, respondent No.3 herein the son-in-law of Mst. Hushmat Bibi. 3. Mst. Jamila Bibi filed a suit for declaration that she was real sister of deceased-Muhammad Bashir and, therefore, entitled to 5/24 share of his estate. Petitioner-Shah Muhammad contested the suit with the averment that Mst.,Haliman Bibi was in fact daughter of Nabi Bakbsh who was an uncle of deceased-Muhammad Bashir. Necessary issues were framed in the suit and, after trial, the trial Court held that`. (1) the suit for bare declaration was not competent (Issue No. 1), (2) the valuation was 'Wrong (Issue No.2), (3) Mst.…

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