' The petitioner is widow of Muhammad Akbar having no issue from him. Apparently, the parties are governed by Fiqa Jafaria. The petitioner feels aggrieved of her exclusion from the estate of Said Muhammad Akbar which admittedly comprises of agricultural land.
2. Learned counsel for the petitioner contends that there is no law that warrants exclusion of the petitioner from inheriting agricultural land belonging to late husband. Also relies on Articles 4 and 25 of the Constitution in support of this writ petition. Learned counsel for the respondents, on the other hand, argues that under the Fiqa Jafaria a childless widow does not inherit agricultural land.
3. The matter has been brought to rest in the case of Syed Muhammad Munir (represented by 10 heirs) and another v. Abu Nasar, Member (Judicial), Board of Revenue, Punjab, Lahore and 7 others (PLD 1972 SC 346). In the said case, inter alia, the Supreme Court of Pakistan dealt with following contention raised on behalf of the widow:--- "Learned counsel for the respondents also contend that the Shia Rule of inheritance relied upon by the appellants for the exclusion of a 'childless widow' should not be accepted, as it is not is conformity with the text of the Holy Qur'an."
4. After reference to some decided cases, particularly the case of Faiz Rab v. Khatoon Bibi and others (ILR 25 All. 297) Mst. Asloo v. Mst. Umdutoonnissa (120 WR 297) and the original text of Shia scholars particularly Syed Amir Ali, the Supreme Court observed as follows:--- "In view of this difference in the interpretation of the Qur'anic text itself, we feel that it would not be proper on our part at this stage to attempt to put our own construction in opposition to the express ruling of commentators of such great antiquity and high authority."
In view of the said legal position emanating from the said judgment of the apex court of the country. I do not find that the impugned mutations suffer from any legal or jurisdictional defects.
This writ petition is accordingly dismissed leaving the parties to bear their own costs.