TARIQ JAVAID, J. --- This revision is filed against the findings recorded by the learned Additional District Judge, Wazirabad vide judgment, dated 21.6.2007 whereby suit filed by the respondents/plaintiffs was decreed. It is contended that the impugned judgment suffers from misreading and non-reading of evidence.
2. A declaratory suit with possession was filed by the respondents/plaintiffs regarding agricultural land described in the pliant on the ground that the respondents/plaintiffs were the legal heirs of one Jamal Din son of Qaim Din, who migrated from India and died in Pakistan in 1947. The said Jamal Din had property in India. He filed claims against which suit land was allotted to him. The claim of the respondents/plaintiffs is that they are legal heirs of Mst. Fateh Bibi and Mst. Fazal Bibi alias Fajan, who were sisters of Jamal Din deceased. It is admitted fact that Jamal Din died issueless and petitioners are his collaterals. The respondents/plaintiffs maintained that the petitioners had illegally got the mutation entered in their name by suppressing the fact that Jamal Din deceased had two sisters, as aforesaid, hence the respondents/plaintiffs were entitled to their share out of the inheritance.
3. On the other hand, the petitioners/defendants contested the suit. On the basis of the pleadings issues were framed and parties led their respective evidence. The arguments were heard and the learned Trial Court dismissed the suit. On appeal the suit was decreed vide impugned judgment.
4. I have heard the arguments advanced by the learned counsel for the parties and perused the record.
5. The contentions of the learned counsel for the petitioner have no force. It is amply proved on record that the respondents/plaintiffs are legal heirs of Jamal Din deceased. Exh. P-1, the pedigree table is supported by Ex.h.P-3 the death certificate of Mst. Fazal Bibi alias Fajan, wherein .Date of death is recorded as 18.12.1949 while the entry was made on 27.12.1949. No illegality or. Misreading of evidence has been pointed out. However, Mst. - Hameedan Bibi daughter of Mst. Fajan Bibi was appellant No. 4 before the learned first Appellate Court. She has also not been impleaded as party.
This revision fails. Dismissed with costs.
Civil revision .