1. ' MUHAMMAD AFZAL ZULLAH, J.--The defendants in a declaratory suit regarding inheritance and a gift of the suit property which belonged to the father of the parties, have sought leave to appeal against the dismissal by the High Court of their Regular Second Appeal.
2. The respondents (daughters)' suit claiming right in the property left by the parties' father, was decreed. The petitioners first and second appeal having been dismissed, they have now sought leave to appeal.
3. ' The petitioners' plea to the effect that although the respondents were entitled to the inheritance of the parties' father, they had lost that right because their father had in his lifetime gifted the suit property to the petitioners.
4. ' The grounds now urged before this Court relate to the appreciation of evidence and findings of fact by the learned Courts below. After hearing the learned counsel, we have not been able to find any infirmity noticeable by this Court, in them.
5. ' Learned counsel also tried to show that the burden of issue in the factual field, was wrongly placed on the petitioners. Keeping in view the nature of the dispute and the particular issue, we do not agree that the burden was wrongly placed. It hardly furnishes any justification for setting aside the findings of fact by the learned trial Court which were rendered after a contest between the parties in which none suffered any prejudice.
6. ' There is no force in this petition. Leave to appeal accordingly is refused.