Law:

Section:

(a) Islamic law--- ----Inheritance---Scope---On the death of owner, legal heirs became entitled for their due share under personal law without intervention of the court or authority. PLD 1990 SC 1 ref. (b) Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Ars.117 & 120---1'nlieritance---Specific plea---Proof of-Onus to prove---Defendants denies partition of suit property to plaintiffs on the ground that they had already paid shares to plaintiffs--Both the courts below concurrently decreed the suit in favour of plaintiffs---Validity---Defendants did not dispute the fact that property in question was ancestral but resisted the suit on the excuse and pretext that they had given shares to plaintiffs by making payment to them---It had become inevitable and essential upon defendants to have proved factum of settlement and payment of amount in lieu of shares to other legal heirs of predecessor-in-interest of parties with their free will and consent---Judgments rendered by both the courts below were in accordance with law, as subject-matter among the parties was distribution of ancestral property, which was inherited by them---Trial Court remaining well within four corners of law rightly held that property in dispute be partitioned among legal heirs of predecessor-in-interest of parties---There was no impropriety, irregularity, perversity and illegality in judgments and decrees passed by lower courts---High Court declined to interfere with concurrent findings of facts based on proper appreciation of evidence by lower forums---Revision was dismissed in circumstances. 2007 SCMR 635 ref. JUDGMENT MUHAMMAD NOOR MESKANZAI, J.--- This revision petition is directed against the order/decree dated 25th November, 2004 passed by Additional District Judge-V, Quetta, whereby; appeal filed by petitioners against the judgment/decree dated 2nd December, 2003 passed by Civil Judge-V, Quetta was disposed of by giving findings in favour of respondents and Issue No.V1 in respect of relief clause was modified. 2. The facts, in brief of the case are that respondents Nos.1 and 2 filed a suit for declaration, partition, possession, permanent injunction and…

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