MUHAMMAD HAYAT Versus JAN MUHAMMAD

ORDER

1. SAAD SAOOD JAN, J.‑‑ The dispute between the parties relates to two fields measuring about 5 kanals and 10 marlas situated in village Dhool of Tehsil Ferozewala. The petitioners' father, Ladha, and the respondent were real brothers. The case of the petitioners is that Ladha and the respondent effected a private partition of the land which they had inherited from their father Imam Din and as a result the fields in dispute fell to the share of Ladha. The revenue record does not show that any partition of the joint property had taken place. However, the respondent admitted the factum of partition but stated that Ladha was holding the fields in question in excess of his share. The petitioners did not lead any evidence to show how the property after the private partition was apportioned between the L two brothers. In the circumstances, we find no basis for interfering with the judgment of the High Court which affirmed that of the first appellate Court. Leave is accordingly refused.

2. M.I./M‑397/S Petition dismissed.