ABDUL QADEER CHAUDHRY, J: --Leave to appeal has been sought against the order dated 27-11- 1989 of the Lahore High Court.
2. The facts, in brief, are that Akbar Khan was issueless and he owned property situate in village Mari Kanjur, Attock Town. He died on 12-5-59. He distributed his property by means of a Will executed on 31-5-1958. Umar Hayat brought a suit against the mutation of inheritance. The trial Court held that Akbar Khan had made a valid gift in favour of his nephew and two sisters. It was also held that Mst. Hussan Jan, the present petitioner being a real sister of Akbar Khan and his widow Mst. Gohar Khanum were not the contesting parties to the Will and the mutation of inheritance was rightly attested in their favour. The trial Court also decided that the plaintiffs were owner of 1/3rd share of the property on the basis of the Will. The District Judge in appeal modified the decree of the trial Court and granted a decree for 5/6th share in favour of the plaintiffs leaving behind 1/6th share of Mst. Gohar Khanum as widow of the deceased. He also decided that the petitioner was not his real sister and thus not one of his heirs. The petitioner challenged this order in the second appeal before the High Court. The High Court dismissed the petition.
3. Learned counsel for the petitioner submitted that the finding of the High Court suffered from misreading of evidence. Proper inference has not been drawn by the learned High Court from the documents Exh.D.2 and Exh.P.1. He has also filed copies of entries from Death Register and Birth Register relating to the years 1897 and 1898 wherein Roshan Bano has been shown as wife of Khaja Khan and Mst. Hussan Jan was born on 31-12-1898. Her father's name has been shown as Khaja Khan. He stated that the name of Akbar Khan's father was Khaja Khan. On the basis of these documents, he stated that Mst. Hussan Jan is the real sister of Akbar Khan.
4. The contention raised by the learned counsel requires examination. Leave is granted.
Security Rs.5,000.
5. The appeal shall be prepared on the present record with the direction to the petitioner to file all essential documents. The respondents are also allowed to file documents in rebuttal.