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Petitioner: YASIN AND Others VS Respondent: Mst. HUSSAIN BIBI (REPRESENTED BY LEGAL HEIRS) AND Other
Court Name: Supreme Court of Pakistan Judge(s): Aslam Riaz Hussain Title:YASIN AND Others vs Mst. HUSSAIN BIBI (REPRESENTED BY LEGAL HEIRS) AND
Other Case No.:Civil Petition for Special Leave to Appeal Nos. 565 and 566 of 1981 R. S. A. Nos. 369/66 and 376/66 Date of Judgment:- Reported As: 1983 SCMR 1250 Result: Petitions dismissed Judgment ORDER ASLAM RIAZ HUSSAIN, J.-This order shall dispose of two Petitions (Nos. 565 and 566 of 1981) directed against the judgments of the High Courts, dated 28-2-1981, dismissing R. S. As. Filed by the petitioners in inheritance matter. 2. We have heard the learned counsel for the petitioners at length. The case relates to the succession under the Shariat Law to the life interest of Mst. Hussain Bibi widow of Fateh Din, by his collaterals, in the land left by Fateh Din. According to the petitioners--- counsel the matter hinges on whether or not Hassan the son of the said Fateh Din had pre-deceased him. He submitted although evidence was led on this question by the plaintiff-respondent but the latter should not have been permitted by the trial Court to lead evidence on the point as it did not arise out of the pleadings of the parties. He, however, admitted that he did not raise this plea before the High Court nor did the petitioners take up this position when the respondents led their evidence before the trial Court In view of these circumstances we cannot permit the petitioner to urge the said ground at this stage. Both the petitions are consequently dismissed. M. Z. M.