Law:

Section:

(a) Constitution of Pakistan (1973)---Art. 185---Question of fact rightly determined concurrently by three Courts below---Supreme Court should not interfere, specially when there were no signs of miscarriage of justice. (b) Islamic Law----- ----Inheritance---Deceased not owning property at time of death, but only his claim, according to which allotment was to be made was pending--¬Such claim would go to entire family on death of deceased before allotment. JUDGMENT SARDAR MUHAMMAD RAZA KHAN, J.--This is a petition filed by Mst. Nazran Bibi etc. for leave to appeal against the judgment, dated 5-7-1999 passed by an Hon'ble Single Judge of Lahore High Court in Civil Revision No. 1450 of 1998. 2. One Heera was said to be owner of 363 Kanals 18 Marlas of land. He died on 10-11-1950 leaving behind his two daughters, namely Mst, Nazran Bibi, Mst. Jeenan Bibi and three children of his pre deceased son Khushi Muhammad, children being Mst. Sharifan and Mst. Hanifan, the daughters and Annas, the son. Annas also is stated to have on 28-1-1958. The property devolved upon Mst. Nazran and Mst. Jeenan and hence Mst. Sharifan and Mst. Hanifan the daughters of pre deceased son Khushi Muhammad filed a suit claiming declaration of till the extent of 1/3rd share in the property of Heera. 3. The trial Court after evaluating evidence of the parties decreed the suit on 19-12-1995, appeal against which failed before the learned additional District Judge, Kasur on 22-6-1998 and so was the fate of revision. 4. After having gone through the record, we are of the view that pie question of fact has rightly been determined concurrently by three courts below and thus, this Court should not interfere, specially, when there are no signs of miscarriage of justice. 5. The property having received through inheritance,…

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