Law:

Section:

(a) Islamic Law----Inheritance---Opening of succession--- Inheritance under Muslim Personal Law takes place automatically and each legal heir is entitled to get his respective share irrespective of any claim or demand therefor. Ghulam Ali v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. (b) Constitution of Pakistan (1973)----Art.185---Jurisdiction of Supreme Court--Scope---Supreme Court being the Apex Court, is not only possessed of jurisdiction, but also under a duty to dispense justice without being hindered by any technicality, which should not be allowed to thwart the course of justice under the law. JUDGMENT RANA BHAGWANDAS, J.---The petitioners, being legal heirs of Fazal (since deceased), seek leave to appeal against the Lahore High Court judgment, dated 4-5-1999 allowing respondents Civil Revision No. 1402/D of 1998 against concurrent findings of fact recorded by the trial Court as well as Appellate Court decreeing the suit of the petitioners. 2. Petitioners filed a suit for declaration and permanent injunction in respect of agricultural land measuring 57 Kanals 18 Marlas situated in Mauza Dohal, Tehsil and District Sialkot, on the averment that Mst. Rehmat Bibi, being the widow of deceased Fazal, acquired limited right in the property but after the promulgation of Muslim Personal Law (Shariat) Application Act, 1962 with effect from 31-12-1962, she acquired sole ownership in the property by reason of adverse possession as against the rights of other co-owners in the property. The suit was resisted. Both the parties adduced evidence. In the ultimate analysis suit was decreed. Appeal preferred against the judgment and decree of the trial Court failed but in civil revision, learned Judge in Chambers of the Lahore High Court reversed the findings of fact recorded by the two Courts below and on acceptance of the revision petition, suit of the petitioners was dismissed. Hence, this petition for leave to appeal. 3. From the record it transpires that propositus of the parties Fazal expired some time in 1938. he left behind his widow Mst. Rehmat Bibi and two daughters namely Mst. Hussain Bibi and Mst. Jeewan Bibi, who inherited the property in dispute. Mst. Rehmat…

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