Law:

Section:

(a) Islamic Law-------Inheritance---Sect of Pakistani Muslims---Onus to prove---Presumption is that all inhabitants of Pakistan are Sunni Muslims---Person who claims otherwise, onus lies on him to discharge the onus. (b) Islamic Law--- ----Inheritance---Sect of deceased---Onus to prove---Deceased was without any male issue and was survived by a widow and a daughter---Mutation of inheritance was attested as per Sunni law of inheritance---Both the ladies (widow and daughter of the deceased) claimed that the deceased was Shia by sect---Disputed inheritance was assailed in civil suit---During trial the ladies produced Pesh Imam as witness and relying on his evidence the Trial Court decreed the suit---Lower Appellate Court reversed the findings of the Trial Court for the reason that the witness produced by the ladies did not belong to that village and had never conducted funeral prayer in the past ---Validity--­Widow and daughter of deceased being directly inheritors of the deceased were not to be given credence without any independent corroboration--­Where the ladies alleged the deceased to be not Sunni but Shia, burden to prove the same was on the ladies who failed to discharge the burden--­Judgment of Appellate Court was passed in accordance with law and the same was upheld in circumstances. Mst. Rehmat v. Mst. Amiran and others 1992 ALD 457 distinguished. M. Iqbal Begum v. Mst. Syed Begum and others AIR 1933 Lah. 80 ref. JUDGMENT Briefly stated the facts are that land measuring 289 Kanals, 6 Marlas belonged to one Abdullah son of Sahib resident of Tharpal. Upon his death, mutation of inheritance No.834, dated 4-3-1967 was sanctioned, whereby his widow Mst. Khatoon was given 1/8 share and his daughter Mst. Fatima was given 1/2 share out of the said land. The remaining 3/8 share was given to the residuaries (respondents Nos. l to 14). The plaintiffs/appellants (Mst Fatima and Mst. Khatoon) challenged the said Mutation No.834, dated 4-3-1967 on the ground that the deceased Abdullah was Shia, as such the widow was entitled to 1/8 share and his daughter was entitled to 7/8 share. This suit was resisted by defendants/respondents Nos.l to 14 who asserted that the…

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