ORDERMUHAMMAD AMIR MALIK, J.- Learned counsel for the petitioner has referred to Writ Petition No.334 of 1982 decided on 21.1.1981 by this Court titled Rehmat Ali etc. Vs. Muhammad Iqbal (NLR 1982 UC 91). To press his point that in case there being no child of the deceased so far and only father being in the field, the sisters and brothers of the deceased would be excluded from inheritance (by the father). Learned Assistant Advocate General has also referred to Ziual Quran Vol. I P324(commentary cf Surah Al-Nisa by Justice Pir Karam Shah) and Tafseerul Quran VolJ, P32?
To support the same view.
2. The position, therefore, crystalises that the deceased having left father, brothers and sister, only the former would suceed to the whole of the estate. He is, therefore, the only Muslim Law heir to grant forgiveness.
3. . The statement of Muhammad Rashid, father of the deceased has already been recorded by the District Magistrate under the orders of*this Court. In view of this statement the appeal is accepted and the appellants stand acquitted. They be set at liberty, if not required to be detained in any other case.