Law:

Section:

Qanun-e-Shahadat (10 of 1984)--- ----Art.46(5)---West Pakistan Land Revenue Act (XVII of 1967), S.45--­Constitution of Pakistan (1973), Art. 185(3)---Existence of marriage--­Proof---Mutation of inheritance---Concurrent findings of fact by the Courts below---Plaintiffs assailed mutation of inheritance on the ground that they were also widow and son of the deceased owner of the suit­land-- Trial Court dismissed the suit but Appellate Court allowed the appeal and the suit was decreed---High Court in exercise of revisional jurisdiction upheld the judgment and decree passed by Appellate Court--­Validity ---Revisional Court concurred with the findings of Appellate Court by holding that the plaintiffs had successfully proved their relationship with the deceased owner of the suit-land through their own statements and through their evidence offered by the witnesses---One of the witnesses was real brother of plaintiff widow having special knowledge of the relationship in question and he had fully satisfied the requirements of Qanun-e-Shahadat, 1984---High Court had rightly found that the witnesses produced by the defendants were not related to the parties and thus did not have any special knowledge About the relationship in question---Concurrent findings of the Appellate Court and the Revisional Court could not be shown to be perverse or to be the result of any misreading or non-reading of evidence available on record, thus such findings were unexceptionable---Leave to appeal was refused. ORDER KHALIL-UR-REHMAN RAMDAY, J. ---One Abdullah alias Daulia died in the year 1955 and a Mutation bearing No.407 was attested with respect to his inheritance. According to this mutation the entire estate of Abdullah devolved on Mst. Ayesha Bibi as his widow and Khadim Hussain as his son. Claiming also to be a son and a widow respectively of the said Abdullah, Ilam Din and Mst. Fatima filed a suit in the Court of a learned Civil Judge at Wazirabad praying for a declaration that they were also entitled to inherit the property left behind by the above mentioned Abdullah and that the above-noticed Mutation No.407 was illegal and was ineffective…

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