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Civil Petition for Special Leave to Appeal No. 7 of 1980, decided on 26th February, 1985.
(On appeal from the judgment and order of the Lahore High Court, dated 15‑12‑1979 in W.P. No. 8003 of 1979).
‑‑-Arts. 185(3) & 199‑‑Constitutional jurisdiction‑‑Complicated questions of law and facts requiring evidence‑‑High Court declined to adjudicate‑ Petitioner rightly advised to seek remedy before a Court of general jurisdiction ‑‑Leave to appeal refused.
S.M. Rashid, Advocate Supreme Court for Petitioner.
Nemo for Respondents.
Date of hearing: 26th February, 1985.
Sharif Ahmad, petitioner seeks leave to appeal against the judgment of a learned Single Judge of the Lahore High Court, dated 15‑12‑1979, dismissing his Writ Petition (No. 8003 of 1979).
We have heard the petitioner's counsel and gone through the impugned judgment.
The matter involves a question of inheritance, which was first agitated by the petitioner before the Revenue Authorities including Member, Board of Revenue. Not feeling satisfied with the order of M.B.R., the petitioners moved the High Court, through a constitutional petition, which was, however, dismissed with the following observations:‑
"Complicated question of law and facts are involved in this case which require evidence as to whether the deceased embraced Islam and who are his heirs. The proper forum is the civil Court. The petitioner, if advised, may seek remedy in that forum. With this observation this writ petition is disposed of."
After hearing the petitioner's counsel, perusing the impugned judgment and considering the matter in its entirety, we find ourselves in respectful agreement with the abovenoted view expressed by the High Court, whereby the petitioner has been advised to seek his remedy before a Court of general jurisdiction. The matter does not, therefore need interference by this Court. The petition is consequently dismissed.
M.I. Petition dismissed.
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