Law:

Section:

(a) Muhammadan Law------Inheritance---Courts below had found that divorce of lady was not proved as original document of divorce had not been produced before Trial Court---Only marginal witnesses could not be believed in absence of divorce deed---Lady was thus rightly held to be a widow and as such was entitled to the inheritance of her husband as co-sharer. (b) Muhammadan Law--- --- Inheritance---Petitioner not pleading adverse possession against respondent--­Respondent had been receiving her share of produce and thus possession of one co-sharer would be deemed to be possession of other co-sharers---Mere mutation did not confer any right---Held, respondent had rightly been held to be entitled to inheritance to the extent of her share in the deceased's property. (c) Mutation--­ ---Mere mutation does not confer any right. ORDER S. USMAN ALI SHAH, J.--Leave to appeal has been ;ought in these two petitions by the petitioners against the order of the Lahore High Curt, whereby their civil revision against the order dated 27-7-1985 of the Additional District Judge, Gujranwala, was dismissed. Since the subject-matter of these petitions is the same, therefore, both are disposed of by this order. The parties in these petitions are the successors-in-interest of Rai Muhammad who died in the 1954. A substantial area of landed property owned by him was mutated in favour of the petitioners i.e. his son and daughter from one of his two wives. Mst.Begum Bibi being his another wife was disinherited. She brought a suit asking her share in the property of her husband. The suit after contest was dismissed on the question of limitation that as Raj Muhammad had died in 1954 while the suit was brought in 1976. In appeal before the Additional District Judge, who took the view that the alleged divorce of the plaintiff/appellant (respondent herein) was not proved and she being thus a co­sharer, is not hit by limitation particularly when neither ouster nor adverse…

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