' Some admitted facts of this case are that the last male owner of the suit property was Syed Miran Azmat Hussain Shah, who died on 3-11-1987. The petitioners Nos.2 to 4 are the brothers of said last male owner while petitioner No.1 is his paternal uncle. On 18-9-1986, respondents Nos.1 and 2 filed a suit alleging that the said Syed Miran Azmat Hussain Shah, executed a will on 30-12-1986 bequeathing his entire property in favour of the plaintiffs. The declaration sought was that after the death of the said testator, respondents Nos.1 and 2 are owners in possession of the suit property.
The petitioners in their written statement denied the factum of the said will and took the plea that they are owners in possession being the heirs of the said last owner. Issues were framed. Evidence of the parties was recorded. The learned trial Court decreed the suit vide judgment and decree dated 4-5-1995. The learned Additional District Judge dismissed the first appeal of the petitioners on 19-12-1996. This Civil Revision was taken up on 24-9-2000 and was admitted to regular hearing to consider the sole question as to whether the testator could have transferred his whole property through the said will dated 30-12-1986 (Exh.P.1). It should not take me long to dispose of this civil revision.
2. I have already stated above that admittedly the petitioners are the heirs of the last owner who died without wife and any issue. It is the settled principle of the Islamic Law that a Muslim can will away his property only to the extent of 1/3rd of his estate. This principle is applicable to the Sunnis as well as the Shias. Reference may be made to the case of Muhammad Tufail v. Atta Shabbir PLD 1977 SC 222. Needless to state that there is not even an allegation that at any time the petitioners consented to making of the will to the extent of the entire estate of the last male owner.
' The civil revision is accordingly allowed. The impugned judgments and decrees passed by the lower Courts below are set aside and instead a declaration is granted only to the effect that under .The said will the petitioners are entitled to 1/3rd n share of the said suit property while the remaining 2/3rd share vests in the legal heirs of the said Syed Miran Azmat Hussain Shah. No orders as to costs.