Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 100---Second appeal---Finding of fact---Finding of fact, ordinarily could not be disturbed in second appeal---Finding of fact, however, would be open to review in second appeal, if such finding was based on no evidence or where same was in utter disregard of evidence or where conclusion, of. fact, was not warranted by the facts on which it was based. Fateh Muhammad v. Suba Khan 1988 C L C 1520; Masud Sarwar v. Mst. Farah Deeba 1988 C L C 1546: Muhammad Akram v. Syed Imrao Ali Shah 1988 C L C 2228; Shah Muhammad v. Sardar Habibullah Khan and others 1988 S C M R 72; Monajal Huq v. Shafiuallh and another P L D 1964 Dacca 640 and Luqman v. Allah Diwaya and others P L D 1967 Pesh.166 rel. (b) Muhammadan Law--- ---- Two major sects, Sunni and Shia ---Sect can be renounced by a Muslim at any time after attaining puberty---Belonging to a particular sect---Proof---Credence to be given to testimony of person who claimed to profess a particular sect. Any person who professes Islam is a Muslim. The muslims are again divided in two sects, viz. 'Sunni' and 'Shia'. Each sect is governned by its own laws. The sects can be renounced by a Muslim, either male or female at any time after attaining the puberty. It, therefore, follows that due credence should be given to the testimony of a person who claims to profess a particular sect and the Courts should not start with any presumption against such person. (c) Muhammadan Law--- Pre-emption---Distinction between "Sunni" and "Shia" law in respect of pre­emption.---[Pre-emption]. There is a marked distinction between `Sunni' and 'Shia' law in respect of pre-emption. The 'Shia' law recognises the right of pre-emption in the case of co­ sharers and that too if the number does not exceed two. Unlike the Sunnis, the Shia school does not recognize the right on the ground of `shaft-i-khalit' (a participator in immunities and appendage sand `shaft-i jar' (owners of adjoining immovable property). Muhammad Saeed v. Mst. Hajiani Noor Bai and others 1983 C L C 1883 and Allah Bux v. Jano and others P L D 1962 Kar. 317 ref. (d) Muhammadan Law --- ----Pre-emption---Sect---Applicability of relevant law…

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