SADIQ and others vs Mst. FATIMA and others
This petition for leave to appeal arises out of a land settlement case concerning the inheritance of one Lakha, who died in India. The core legal controversy relates to the identity, parentage, and inheritance rights of Mst. Fatima, who was recognized by the settlement authorities as the sister of Kamala and entitled to a share through Rehmat, another brother who died issueless in Pakistan. After the petitioners' writ petition challenging Mst. Fatima's parentage and inheritance right failed before the High Court, they sought leave to appeal before the Supreme Court. The Supreme Court held that the petitioners failed to point out any legal or other infirmity regarding the concurrent findings of fact on the identity and parentage of Mst. Fatima, and that the technical points raised had been duly addressed by the High Court. Consequently, the Court refused to grant leave to appeal, establishing that concurrent findings of fact on parentage in settlement cases will not be interfered with absent a substantial legal infirmity.
- Whether leave to appeal can be granted against concurrent findings of fact regarding parentage and inheritance in a land settlement case?
- Does the failure to establish a legal infirmity in the lower court's determination of identity and parentage warrant the refusal of a petition for leave to appeal?
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- This petition for leave to appeal arises out of a land settlement case. The controversy relates to the inheritance of one Lakha who died in India. Petitioners are the legal representatives of Kamala a son of Lakha. Mst. Fatima now represented by her legal representatives,(the respondents) was held by the Settlement authorities to be sister of Kamala and thus entitled to a share stated to be with reference to Rehmat a brother of Kamala who died issueless in Pakistan.
2. ' The petitioners challenges in the High Court through writ petition regarding Mst. Fatima's parentage and thus her right to inherit, having failed they have now sought leave to appeal.
3. When called upon to satisfy us regarding any infirmity legal or otherwise on the real question of fact relating to the identity and parentage of Mst. Fatima, the learned counsel failed to urge any point worth consideration. He instead tried to raise technical points which were duly attended to by the High Court. We do not, therefore, consider it a fit case for grant of leave to appeal, which is accordingly refused.