On 28-5-1973 Muhammad Sadiq and Muhammad Sharif petitioners filed suit against Bashir Ahmad and others for declaration that they are heirs of Mst. Fazlan Bibi as her brothers and that Bashir Ahmad was not entitled to inherit her because he had divorced Mst. Fazlan Bibi on 20-7-1948 and as such Mutations Nos. 1008 and 1118 of inheritance in favour of the respondents were illegal, void and ineffective upon their rights. The suit was contested whereon four issues were framed.
The appeal filed by the petitioners-plaintiff failed on 12-11-1979, hence this revision.
2.Before me the findings of the Courts below on Issue No.2 alone tohave been challenged. The issue is as under:-- "Issue No.2.--Whether the defendant had divorced Mst. Fazlan and as such the plaintiffs are heirs of said Mst. Fazlan and owners in possession of the suit land left by Mst. Fazlan?" O. P. P.
3.The learned counsel has mainly argued that the divorce deed, dated 20-4-1948 being 30 years old document was per se admissible and as such should have been taken into account and acted upon without formal proof thereof. Conversely, the learned counsel for the respondents supported the judgments and decrees of the Courts below.
4. I have considered the arguments advanced by the learned counsel for the parties with care. I find that the contention of the learned counsel that divorce deed when presented before the Court was a 30 years old document is factually incorrect. The Talaq deed purports to have been executed on 20-7-1948. The same was not attached with the plaint. It was produced before the Courts on 22-4-1974. On 15-3-1978 and application was moved for permission to tender the document in evidence.
The prayer was rejected on 17-4-1978. In this view of the matter, it can safely be said that the document was not 30 years old at the time of its production and on the date when the same was sought to be tendered in evidence.
5. For what has been stated above, there being no merit, the revision is dismissed leaving the parties to bear their own costs.