Law:

Section:

(i) Supreme Cour Rules, 1980-- ----O.XXVI--Constitution of Pakistan, 1973, Art. 188--Scope of Review is very limited and without pointing out a patent error of law or fact apparent on the record affecting the result to succeed in Review--Right of inheritance cannot be established by merely placing on record the pedigree table and certain documents pertaining to revenue record. [Pp. 564 & 565] A & B (ii) West Pakistan (Shariat Application) Act, 1962-- ----S. 2-A--A female owner may or may not have a limited interest under custom, therefore all female owners ipso facto would not be treated as limited owners--Review Petition dismissed. [P. 565] C Judgment Muhammad Nawaz Abbasi, J.--This petition under Article 188 of the Constitution read with Order XXVI of Supreme Court Rules, 1980 has been filed for review of the judgment dated 18.4.2005 passed in CA 987/2000. The main contention raised by the learned counsel in support of this petition is that parties belonged to the common ancestor and Mst. Daulan was a limited owner, therefore, on termination of her limited interest by virtue of Section 2-A of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962, the property would be distributed amongst the successors of the lost male owner in accordance with law of Shariah whereas this Court without taking notice of the material evidence of inter se relationship of the parties available on record, held that petitioners were not entitled to inherit the property in dispute. The learned counsel placing reliance on the pleading of the parties and insigned/unattested copies of the revenue record, argued with vehemence that the relationship of the petitioners with the last male owner stood established beyond doubt and submitted that these documents were true copies of the originals which were exhibited in evidence before the trial Court but on confrontation that these documents were not certified copies of the exhibits and could be considered and further the genuineness of these documents was also not ascertainable on the basis of the oral evidence of the parties, learned counsel in a sentimental manner emphasized that he was satisfied about the authenticity…

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