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Civil Petition for Leave to Appeal No. 70‑R of 1983, decided on 26th October, 1983.

(On appeal from the judgment and order of Lahore High Court, dated 5‑2‑1983 passed in R. F. A. 177/1982).

---Art. 185(3)‑Agricultural land left by issueless owner‑‑‑Predecessor‑in‑interest and collaterals‑Determination‑No evidence available to show that petitioners were collaterals‑Onus, held, lay on petitioners to establish their claim of being collaterals‑None of petitioners examined knew or had first hand information regarding parentage of deceased‑Dismissal of first appeal by High Court, held further, justified in circumstances‑-Leave to appeal refused.

M. Naazar Khan, Advocate‑on‑Record for Petitioners.

Nemo for Respondents.

Date of hearing : 26th October, 1983.

This petition is directed against the judgment and order of the Lahore High Court, dated 5‑2‑1983 passed in R. F. A. No. 177 of 1982.

2. Subject‑matter of this petition relates to agricultural land measuring 217 Kanals 4 Marlas situate in Chak Pension Khawaran, Tehsil and District Kasur which was owned by Ismail son of Fatiya who died issueless leaving behind Mst. Fazeelat Begum his widow predecessor‑in‑interest of the respondents and the petitioners who are allegedly the collaterals of Ismail. The Assistant Collector Grade II vide Mutation No. 282, dated 21‑5‑1973 mutated the whole property of Ismail in the name of Mst. Fazeelat Begum his widow. The petitioners who claimed to be the collaterals of Ismail, feeling aggrieved of the order of Assistant Collector, filed an appeal before the Collector, Kasur who directed the petitioners to seek their remedy in a civil Court. This order was challenged by the petitioners before the Additional Commissioner in revision who, by order dated 27‑6‑1974 upheld the order of the learned Collector. Thereafter the petitioners filed a suit for possession and declaration in the Court of Senior Civil Judge, Kasur, which was decreed vide judgment dated 16‑2‑1982. Respondents then preferred an appeal against the judgment and decree of the Senior Civil Judge which was accepted by the learned District Judge, Kasur setting aside the judgment and decree of the Court below. The case was, however, remanded to learned Civil Judge, Kasur to bear the arguments afresh for proper and legal findings on all the issues framed. The learned Civil Judge, after due compliance with the remand order, dismissed the suit of the petitioners. R. F. A. was filed in the Lahore High Court which was dismissed in liming.

3. Learned counsel contended that Mst. Fazeelat Begum widow of Ismail was not entitled to acquire the entire estate of her husband and, therefore, Mutation No. 282, dated 21‑5‑1973 was void and ineffective on the rights of the petitioners that the petitioners had established their rights as collaterals of Ismail and could claim their share even earlier and after the death of Mst. Fazeelat Begum. We have considered the arguments and find that there is no evidence to show that the petitioners are the collaterals Ismail. The oral evidence led by the petitioners consists of statements o Abdul Gbafoor P. W. 1 Ibrahim, P. W. 2 and Ziladar. The last mentioned is one of the present petitioners. All the three had stated that Ismail the last male owner was son of Fateh Muhammad alias Fatiya who was the son of Anwar Khan and Anwar Khan was son of Jogi. In rebuttal the respondents examined four witnesses who stated that Jogi was not the ancestor of Ismail but Ismail was descendant of one Walya Khan. It has rightly been held in the impugned order that onus lay on the petitioners to establish their claim. None of the petitioners examined knew or had the first hand information regarding the parentage of Ismail. We agree with the finding of the High Court. Petition is dismissed.

M.Z. M. Petition dismissed.

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