Law:

Section:

(a) Civil Procedure Code (V of 1908)-------S. 100---Second appeal lies only on grounds mentioned in S.100, C.P.C., but not on question of fact. (b) Civil Procedure Code (V of 1908)--- ----S. 100---Concurrent findings of fact---No error of law committed by Courts below in arriving at such findings---Same would not call for any interference by High Court in second appeal. (c) Civil Procedure Code (V of 1908)--- ----S. 100---Concurrent findings of fact---Not liable to be interfered with by High Court in exercise of appellate jurisdiction under S.100, C.P.C. Abdul Ghani v. Muhammad Akhtar 1988 SCMR 801; Muhammad Shafi and another v. Sher Ali 1970 SCMR 510; Maran Bepari v. Madan Gopal and 4 others PLD 1969 SC 617 and Tassawar Shah and others v. Mst. Sadiqan and others 2001 CLC 1698 rel. Muhammad Shahzad Shaukat for Appellants. Rana Abdul Rahim Khan for Respondents. Date of hearing: 15th April, 2003. JUDGMENT The appellants/plaintiffs, through the filing of the present second appeal, have called in question judgment and decree, dated 29-3-1992, whereby the learned Additional District Judge dismissed their appeal and maintained judgment and decree, dated 10-11-1987, passed by the learned Civil Judge, through which he dismissed the suit for declaration. alongwith possession, filed by the appellants. 2. Briefly stated the facts, as discernible from the record of the case, are that one Abdul Aziz, son of Ghulam Qadir, owner of certain land, died in India, in the year 1936, survived by (i) Mst. Paras Bibi (mother), (ii) Mst. Hameedan (sister), (iii) Mst. Kalsooman (widow), (iv) Wakeel Muhammad (son) and (v) Mst. Wakeelan (daughter), whereupon Mst. Kalsooman acquired the status of "limited owner" according to the customary law, who died during the riots. The estate left by Abdul Aziz Was verified against a claim and in lieu thereof land measuring 603 Kanals, 12 Marlas was given in Tehsil Hafizabad. On 18-9-1952 Naib-Tehsildar, Hafizabad/Revenue Officer attested inheritance Mutation No.5/3 (Exh. P.9) of Mst. Kalsooman in favour of:-- (i) Mst. Paras (mother) 1/3rd (ii) Mst. Hameedan (sister) 1/2nd (iii) Muhammad Latif, Muhammad Sadique Sirjeed, Majid 1/6th Later on the…

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