Law:

Section:

Muhammadan Law--Constitution of Pakistan (1973), Art. 185 (3)---Inheritance---Relationship with deceased landowner---Petitioner lady was deprived of inheritance of deceased on the ground that she was not his real sister---Petitioner's claim to be the real sister of deceased failed upto the High Court---Leave to appeal---Petitioner had produced copies of entries from Death Register and Birth Register of her predecessors to prove that she was real sister of deceased---Contentions raised by petitioner required examination---Leave to appeal was granted in circumstances. ORDER ABDUL QADEER CHAUDHRY, J: --Leave to appeal has been sought against the order dated 27-11-1989 of the Lahore High Court. 2. The facts, in brief, are that Akbar Khan was issueless and he owned property situate in village Mari Kanjur, Attock Town. He died on 12-5-59. He distributed his property by means of a Will executed on 31-5-1958. Umar Hayat brought a suit against the mutation of inheritance. The trial Court held that Akbar Khan had made a valid gift in favour of his nephew and two sisters. It was also held that Mst. Hussan Jan, the present petitioner being a real sister of Akbar Khan and his widow Mst. Gohar Khanum were not the contesting parties to the Will and the mutation of inheritance was rightly attested in their favour. The trial Court also decided that the plaintiffs were owner of 1/3rd share of the property on the basis of the Will. The District Judge in appeal modified the decree of the trial Court and granted a decree for 5/6th share…

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