2014 PLP 301 (YLR)

SHUJAAT ALI KHAN, J.

Through this revision petition the petitioners have challenged the vires of judgment and decrees dated 22-12-2011 and 24-12-2011 passed by the learned Civil Judge Haroonabad and the learned Additional District Judge, Haroonabad, respectively, whereby the suit filed by the respondents seeking declaration was concurrently decreed.

2. Learned counsel for the petitioners contends that since the judgment of the Hon'ble Federal Shariat Court reported as Allah Rakha and others v. Federation of Pakistan and others (PLD 2000 FSC 1) has been challenged before the Shariat Appellate Bench of the august Supreme Court of Pakistan and the same is pending adjudication the question as to whether pre-deceased son or daughter or his/her heirs are entitled to inheritance or not, requires admission of instant revision petition and that till the time it is finally decided as to whether the provisions of section 4 of the Muslim Family Laws Ordinance, 1961, are applicable to the estate left by a Muslim or not, instant petition cannot be decided and the impugned judgments and decrees are thus nullity in the eye of law.

3. Conversely, learned counsel appearing on behalf of the respondents submits that though section 4 of the Muslim Family Laws Ordinance, 1961 was declared unIslamic by the Hon'ble Federal Shariat Court by virtue of afore-quoted judgment however operation of the said judgment has been suspended by the Shariat Appellate Bench of the august Supreme Court of Pakistan therefore the petitioners cannot base their claim on the said judgment; that according to the latest judgment of the august Supreme Court of Pakistan reported as Muhammad Farooq through L.Rs and others v. Muhammad Hussain and others (2013 SCMR 225), matters regarding inheritance of a Muslim prior to pronouncement of the judgment are to be governed by the law at the relevant time and the judgment of Federal Shariat Court cannot be made applicable retrospectively and that concurrent findings of facts recorded by both the courts below cannot be upset by this Court in its revisional jurisdiction.

4. After hearing learned counsel for the parties and going through the documents annexed with this petition I have observed that the respondents in their suit challenged the validity of Mutation No.247 dated 5-4-1986 attested qua legacy of Mahfooz Ali Khan, predecessor-in-interest of the parties. The judgment of the Hon'ble Federal Shariat Court, referred to by learned counsel for the petitioners, was admittedly rendered in the year 1991, therefore, at the relevant time section 4 of the Muslim Family Laws Ordinance, 1961, was very much applicable. Even otherwise, operation of judgment of the Hon'ble Federal Shariat Court having been suspended by the Shariat Appellate Bench of the august Supreme Court of Pakistan the same cannot be made a ground to set aside or upset findings of the courts below regarding entitlement of pre-deceased son/ daughter or his/her legal heirs to inherit the property. The point involved in this petition has finally been set at rest in the case referred by learned counsel for the respondents.

5. Even otherwise, concurrent findings of facts cannot be upset by this court in revisional jurisdiction in a casual manner rather it has to be proved that the same are perverse or arbitrary or the same are based on misreading or non-reading of evidence which is not the position in the instant case. In this regard, reference can safely be made to the case reported as Muhammad Idrees and others v. Muhammad Pervaiz and others (2010 SCMR 5).

6. For what has been discussed above, instant revision petition is hereby dismissed. SAK/J-20/L Petition dismissed.