1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by the plaintiffs in a suit for declaration, relating to questions of inheritance and validity of a gift regarding suit land, against the dismissal by the High Court of their regular second appeal. The suit and 1st appeal were earlier dismissed.
2. ' The petitioners claim to be collaterals of Suleman, husband of respondent No,1. The father of Suleman, as stated by the learned counsel, had executed a power of attorney in his favour and he on the strength thereof made gift of the suit property to Mst. Fatima, his wife, the said respondent. It is, however, asserted by the learned counsel that on the day the disputed gift was made, Suleman's father was not alive, therefore, the Power of Attorney was no more operative, hence the gift made on the basis of said power of Attorney was ineffective. The assertion from the petitioners' side regarding the death of Suleman's father is based on an assumption made and a presumption claimed, on the further assertion that he was not heard of for the last seven years. There was no concrete material for holding that the death took place on a certain date.
3. The petitioners' claim has been rejected throughout on the basis of findings against them regarding disputed questions of fact. The refusal of the High Court to interfere with the findings of fact does not suffer from any infirmity.
4. On merits otherwise also; if Suleman's father had died before. The gift made in his wife's favour, then he being the sole successor of his father, to inherit his property could in any way give away the same to his wife. For this reason also, it would not be appropriate and fit case for interference with the impugned judgment.
5. ' Leave to appeal, therefore, is refused.