FAIZ AHMAD and others vs Mst. SAHIBAN and others
This petition for leave to appeal arose from a dispute regarding the inheritance of landed property left by the deceased, Shahu. The core legal question was whether the deceased died as a follower of the Sunni or Shia sect, which would determine the distribution of his estate among his heirs. The petitioners, claiming the deceased was a Sunni, sought a share of the property, while the respondent, Mst. Saheban, asserted that as the deceased was a Shia, she was the sole heir entitled to the entire estate. The lower courts, including the Civil Court and the Lahore High Court, concurrently found as a matter of fact that the deceased was a Shia at the time of his death, relying on documentary evidence in the Jamabandi record describing the land as 'Ghairmumkin Imam Kot' and supporting oral testimony. The Supreme Court dismissed the petition, holding that the concurrent findings of fact regarding the deceased's religious sect were well-founded and did not warrant interference. The principle affirmed is that concurrent findings of fact by lower courts regarding the religious affiliation of a deceased person, supported by record evidence, are final and binding in appellate proceedings.
- Does a concurrent finding of fact by lower courts regarding the religious sect of a deceased person warrant interference by the Supreme Court?
- Can an entry in a Jamabandi record describing land as 'Ghairmumkin Imam Kot' be used as evidence to determine the religious sect of a deceased landowner?
ORDER
1. ' JAVID IQBAL J.--This petition for leave to appeal has been filed by Faiz Ahmad etc. Petitioners and is directed against judgment of the Lahore High Court, Lahore dated 6 August 1988 whereby R.SA.
2. Of the petitioners was dismissed.
3. ' Briefly the facts are that there existed a dispute between the parties relating to inheritance of landed property situate in Tehsil Jaranwala, District Faisalabad left by Shahu who died in 1%7. Mst.
4. Sattan was the widow of the said Shahu whereas Mst. Saheban respondent No,1 was his daughter from predeceased wife named Mst. Niamat. Faiz Ahmad petitioner is the son, Mst. Bai and Mst. Allah Jawai petitioners are daughters of Mehra who was brother of Shahu and was alive when Shahu died. The Assistant Collector assuming that Shahu was a Sunni at the time of his death mutated 1/8 share of the disputed land in the name of Mst. Sattan as widow of Shahu, 1/2 share in favour of Mst.
5. Saheban respondent as daughter and 3/8 share in the name of Mehra, brother of Shahu deceased.
6. On this respondent Mst. Saheban challenged the said order in appeal before the Collector. Her case was that her father Shahu professed Shia faith when he died and therefore she alone was entitled to inherit his entire property to the exclusion of his widow Mst. Sattan who died issueless as well as brother Mehra. The Collector remanded the case for a fresh decision and the Assistant Collector holding Shahu as Shia mutated the entire land in favour of Mst. Saheban. This order was subsequently confirmed by the Collector in appeal and thereafter the revision petition before the.
7. Additional Commissioner of the petitioners met the same fate. Then the petitioners moved the civil.
8. Court for seeking recognition of their right of ownership of 1/8 and 3/8 shares on the ground that Shahu was a Sunni and not .a Shia. The suit was resisted by the respondent Mst. Saheban. The Civil Judge arrived at the conclusion that Shahu was Shia when he died. The appeal of the petitioners was dismissed and thereafter as stated above their R.S.A. Met the same fate. Hence the present petition.
9. ' The only point which requires determination in this case is as to whether Shahu deceased died as a Sunni or as a Shia because if he died as a Sunni then Mst. Saheban will get 1/2, Mst. Sattan will get 1/8 and the rest would be taken by the petitioners as heirs of Mehra. However if he died as a Shia then Mst. Sattan would get nothing because she died issueless and to the complete exclusion of the petitioners Mst. Saheban daughter will get the whole property as the only heir of Shahu. All the Courts below have arrived at this finding of fact that Shahu at the time of his death died as a Shia and not as a Sunni. This finding of fact had been arrived at on the basis of entry in the Jamabandi of 1965-66 pertaining to his estate and in the same the land of Killa No,15/2 has been described as "Ghairmumkin Imam Kot". The oral evidence produced by Mst. Saheban supports this fact. Since this finding of fact has been decided against the petitioners, we find no substance in this petition which is accordingly dismissed.
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