Mst. JANNA T through Allah Ditta and others vs KHUDA BAKHSH through Ilahi
This matter arises from a petition for leave to appeal against the judgment of the Lahore High Court dismissing a civil revision filed by the petitioners. The core legal question involved whether the deceased propositus, Muhammad Bakhsh alias Bakhu, was governed by Customary Law or Muslim Personal Law (Shariat) in matters of succession upon his death in 1970. The respondents had filed a suit for declaration and permanent injunction claiming as co-owners being successors-in-interest of the daughters of the deceased, which was initially dismissed by the trial court, but decreed by the First Appellate Court upon finding that the deceased was governed by Shariat, which view was upheld by the High Court. The Supreme Court held that the concurrent findings of fact regarding the applicability of Muslim Personal Law were based on confidence-inspiring oral and documentary evidence, as the petitioners failed to establish the governance of Customary Law. The petition was accordingly dismissed and leave to appeal refused.
- Whether the deceased propositus was governed by Customary Law or Muslim Personal Law in matters of succession?
- Can concurrent findings of fact regarding the governing law of succession be interfered with when supported by confidence-inspiring evidence?
ORDER
1. ' TANVIR AHMED KHAN, J.---Leave to appeal is sought against the judgment dated 10-4-2002 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.
2. ' 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-ininterest 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 predecessorin-interest Muhammad Bakhsh alias Bakhu was governed by Shariat. He was survived by a son namely Ghulam Rasul, the predecessorin-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 framed, the parties led their respective evidence and the learned Civil Judge, Taunsa Shaif, dismissed the suit vide his judgment dated 25-11-1987. The respondents/plaintiffs filed an appeal which was accepted by the learned Additional District Judge through his judgment dated 25-4-1988 and the suit filed by the respondents was decreed. The petitioners filed civil revision in theLahore High Court, which has been dismissed through the impugned judgment. Hence, this petition for leave to appeal.
3. ' We have considered the contentions of the learned counsel for the petitioners and have gone through the documents placed on record. The petitioners throughout have failed to establish on record that their predecessor-in-interest Muhammad Bakhsh alias Bakhu was governed by Customary Law. The respondent has brought confidence-inspiring evidence on record, oral as well as documentary, to substantiate that their predecessor-in-interest was governed by Muslim Personal Law. Learned counsel for the petitioners has failed to point out any material on record from which it could be gathered that Muhammad Bakhsh alias Bakhu was governed by Customary Law. This question of fact after thorough scanning has been determined by the First Appellate Court which has been maintained by the learned Single Judge of the Lahore High Court through the impugned judgment.
4. ' Resultantly, for what has been stated above, the present petition being devoid of any force is dismissed, and leave refused.