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Petitioner: MUKHTAR and another VS Respondent: MUHAMMAD ASHRAF alias ABDULLAH
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title: MUKHTAR and another vs MUHAMMAD ASHRAF alias ABDULLAH Case No.: Civil Petition for Leave to Appeal No,967 of 1983 Date of Judgment:1989-02-26 Reported As: 1989 SCMR 1468 Result: Leave refused
Judgment ORDER ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by Legal Representatives of a plaintiff, against the dismissal by the High Court, of their Civil Revision. It had arisen out of a case of inheritance. ' Respondent Muhammad Ashraf alias Abdullah claiming to be the son of Allah Ditta deceased claimed inheritance as his sole heir. Mst. Rabia Bibi sister of the deceased and the mother of the petitioners filed a suit challenging the claim of the respondent. It was held that Allah Ditta had died issueless and accordingly the suit was decreed. This finding of fact was reversed in appeal filed by the respondent and the appellate judgment having been upheld by the High Court in its Civil Revisional jurisdiction, leave to appeal has now been sought. Learned counsel has pointed out certain discrepancies and other similar aspects relating to the appraisal of evidence so as to contend that the findings of fact by the two learned higher Courts merited to be set aside. ' After hearing him, we have not been able to find out any justification for setting aside the concurrent findings of two higher Courts. Leave to appeal, accordingly, is refused.