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Revision No. 262 of 1963‑64, decided on 27th April 1965.
S. 4‑Special Law --Applies only to sons and daughters of pre‑deceased sons and daughters‑Does not apply to sister's son, such sister having died in lifetime of her own father.
Sheikh Muhammad Akram for Petitioner.
Khan Inayatullah Khan for Respondents.
This is a second revision filed against an order dated the 10th of July 1963, passed by the Additional Commissioner, Rawalpindi, whereby he rejected the revision filed by the petitioner.
The facts of the case are that, on the death of one Mst. Waliab Noor, daughter of Rehmat Khan, a mutation was sanc tioned on 24‑9‑62, by the Assistant Collector, IInd Grade, in favour of the respondents. Banaras Khan petitioner went in appeal and claimed succession through his mother, Mst. Kashmiro, another daughter of Rehmat Khan. The Collector dismissed the appeal on the ground that Mst. Kashmiro had died before Rehmat Khan. The petitioner went in revision to the Additional Com missioner, Rawalpindi but it was also rejected. Hence this revision.
I have heard the learned counsel for the parties. The learned counsel for the petitioner has also referred me to section 4 of the Family Laws Ordinance VIII of 1961 and contended that the succession in this case is covered by the provision of this section. I cannot accept this contention. Section 4 is a special departur from the general law and is applicable only to the sons and daughters of the pre‑deceased sons and daughters.
In these circumstances, I see no justification for any inter ference with the concurrent finding of the learned Collector and the learned Additional Commissioner. The revision fails and is dismissed hereby.
A. H. Petition dismissed.
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