1. ' MUHAMMAD AFZAL ZULLAH, J.--Leave to appeal has been sought by a defendant in a suit for inheritance, against the dismissal of his Regular Second Appeal by the High Court.
2. ' The dispute is between petitioner and his sisters (The respondents side). The respondents were kept out of inheritance of Noor Muhammad, the deceased owner, through a mutation; which was decided on the basis of customary law. Their suit was dismissed, however they succeeded in appeal and petitioner's second appeal having been dismissed by the High Court, he has now sought leave to appeal.
3. ' No doubt the inheritance opened in 1933 but the concurrent findings of fact by the two appeal Courts on the question of applicability of customary law to the parties concerned are against the petitioner. Similarly, the findings of fact on the question of possession which helped the respondent's side, in overcoming the objection relating to the limitation, are also against the petitioner.
4. Learned counsel has tried to show that re-appraisal of the evidence on both the aforenoted questions, is necessary. We do not agree with him. Neither any law nor principle, having been violated, we do not consider it fit case for re- I appraisal of evidence; particularly when the respondent side has been allowed the share in the inheritance on the principles of Shariah.
5. ' Leave to appeal, therefore, is refused.