MRS.IRSHAD QAISER J.---Impugned herein are the judgments and decrees of the two learned Courts below based on concurrent findings recorded on question of facts and law. The learned Civil Judge, Kohat passed a decree for declaration and permanent injuction in favour of the respondents vide judgment and decree dated 13-12-2011 while the learned Addtitional District Judge-V Kohat vide her judgment and decree dated 23-2-2012 affirmed and maintained the same in respect of Aamir Khan son of Bahadur Khan and dismissed the appeal of the petitioner against Aamir.
2. The facts of the matter in dispute are that respondents/plaintiffs filed a suit for declaration along with permanent injuction to the effect that the mutation in respect of inheritance of their Predecessor Feroz Khan bearing No. 623 attested 28-4-2006 in respect of khata No.63 Moza Challi Bada Bair, Tehsil Kohat and Mutation No. 436 dated 28-7-2006 are against facts law, sharia and is the result of collusion which was fraudulent entered by the petitioners in their name by excluding the plaintiff/respondent from the legacy of Feroz khan. Plaintiff also claimed to be legal heirs of Feroz khan and sought their entitlement under section 4 of the Muslim Family Laws Ordinance 1961 on the ground that their predecessors Bahadur khan was also the son of Feroz khan who died during the life time of his father Feroz khan and they have the rights of inheritance in the legacy of their grandfather. Respondents were summoned. They attended the Court and contested the suit.
Issued were framed from the pleading of the parties. After recording pro and contra evidence the learned trial Court granted decree in favour of respondents/plaintiffs against it, petitioners filed appeal before learned Additional District Judge which was also dismissed vide impugned judgment and decree dated 23-2-2012. Feeling aggrieved petitioner filed present revision petition.
3. Learned counsel for the petitioner contented that the Hon'ble Federal Shariat Court of Pakistan had declared section 4 of the Muslim Family Laws Ordinance 1961 against the injunction of Islam.
Thus the Provisions of the said Law cannot be presumed into service and decree cannot and misinterpreted the evidence available on record and hence reached to a wrong conclusion.
4. The petitioners in their written statement and the evidence produced by the parties have nowhere denied subsisting legal and blood relationship between the parties, It is proved from the record that predecessor of the respondent/plaintiff namely Bahadur was the real son of Feroz khan who died prior to the death of his father.
5. Section 4 of Muslims Family Laws of Ordinance 1961 clearly entitled the grand children for receiving the share which their father would have inherited had he been alive. No doubt the theory of Mahjub-ul-Irs has been challenged before the Supreme Court and thereby the operation of the verdict stand suspended automatically till the decision of appeal as provided under Article 203-D of Constitution of Islamic Republic of Pakistan 1973. As it is held by august Supreme Court of Pakistan 1973. As it is held by august Supreme Court of Pakistan in many cases that the grandchildren, therefore can inherit the share of their predeceased father from their grandfather.
6. In view of the facts and circumstances of the case narrated above I am of the view that the concurrent findings of both the Court below in respect of legal and factual controversy required no interference by this Court in exercise of revisional jurisdiction. Thus the present revision being devoid of any merit is hereby dismissed with no order as to cost.