Law:

Section:

Specific Relief Act (I of 1877)--- Ss. 42 & 54 Constitution of Pakistan (1973), Art.185(3) ¬Inheritance Custom Applicability Dispute between the parties was with regard to the mutation of inheritance Plaintiffs claimed that the deceased was governed by Muslim Personal Law whereas the defendants asserted that the deceased was governed by custom Trial Court dismissed the suit but the Appellate Court allowed the appeal and the suit was decreed Defendants failed to point out any material on record from which it could be gathered that the predecessor in interest of the parties was governed by custom Such question of fact had been determined by the Appellate Court which had been maintained by the High Court Validity Supreme Court declined to interfere with the and decree passed by High Court in exercise of revisional jurisdiction Leave to appeal was refused. ORDER TANVIR AHMED KHAN, J. Leave to appeal is sought against the judgment dated 10 4 20.02 whereby Civil Revision No.335 D of 1988 filed by the petitioners was dismissed by a learned Single Judge of the Lahore High Court, Lahore. The facts briefly narrated are that the respondents/plaintiffs filed a suit for declaration and permanent injunction against the petitioners on 12 1 1984 claiming themselves to be co owners being successors in-interest of Mst. Zenab and Mst. Jantan, daughters of propositus Muhammad Bakhsh alias Bakhu, who died in the year 1970, taking exception to Mutation No. 212 on the plea that their predecessor-in interest Muhammad Bakhsh alias Bakhu was governed by Shariat. He was survived by a son namely Ghulam Rasul, the predecessor-in interest of the petitioners and three daughters namely Mst. Zenab, Mst. Jantan and Mst. Amiran. The above suit was contested by the petitioners/defendants, issues were…

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