Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S.42---Civil Procedure Code (V of 1908), O.VII, R.11---Limitation Act (IX of 1908), Art. 120---Constitution of Pakistan, Art.199---Constitutional petition---Suit for declaration--- Inheritance--- Limitation---Rejection of plaint---Plaintiff filed suit for declaration wherein defendants moved an application under O.VII, R. 11, C.P.C. which was dismissed by the Trial Court but the same was accepted by the Appellate Court---Validity---Inheritance mutation of the deceased was attested in the name of his one son excluding the other legal heirs---Question of ouster in the inheritance had to be considered in the light of evidence to be recorded---Trial Court had rightly dismissed the application, whereas, the Appellate Court had accepted the revision petition illegally and without jurisdiction---Constitutional petition was accepted and impugned order was set aside. (b) Specific Relief Act (I of 1877)--- ----S.42---Limitation Act (IX of 1908), Art.120---Suit for declaration---Limitation--Question of limitation, being mixed question of fact and law would need evidence to be resolved. 2013 SCMR 299; 2008 SCMR 1425 and 2009 CLC 1276 distinguished. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. JUDGMENT MAZHAR ALAM KHAN MIANKHEL, J.---Petitioner Nawaz Khan has filed the present Constitutional Petition against the judgment/order dated 25-4-2011 of learned Additional District Judge-XI, Peshawar, whereby, the revision petition of respondents against the judgment/ order dated 10-11-2010 of learned Civil Judge-XXVI, Peshawar was accepted. 2. Resume of the facts forming background of the case is that petitioner filed a suit for declaration, permanent injunction and possession through partition against the respondents in respect of the property (fully described in the heading of the plaint) to the effect that petitioner and respondents Nos.29 to 60 being legal heirs of Mst. Fatima daughter of Haider Khan are owners of the suit property to the extent of their share and the Revenue Record on the basis of Tamleek Nama by Haider Khan in favour of respondents Nos.1 to 27 is illegal and fake and having no legal effect…

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