Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---West Pakistan Land Revenue Act (XVII of 1967), Ss.39 & 41---Khyber Pakhtunkhwa Muslim Personal Law (Shariat) Application Act (VI of 1935)---Custom (Riwaj)---Suit for declaration---Wrong entry in periodical records---Effect---Limitation---Entitlement of female heirs to inheritance---Deletion of names of female heirs from inheritance mutation---Defendant contended that Riwaj (Custom) was in force when original owner/predecessor of parties died---Validity---Inheritance mutation contained pedigree table which showed the names of female heirs (wife and daughter) of predecessor of the parties but later their names were deleted and substituted by the name of said predecessor's son only without any reason/justification---Entries of relations and pedigree table shown on mutation had not been questioned by defendants---Plaintiff's witness also supported the entry which established relation of plaintiff as claimed in plaint and refuted the version made in written statement---Other plaintiff's witnesses also supported plaintiff's version in respect of relations and his (plaintiff's) entitlement to inheritance---Appellate court based its findings on the plaintiff's deposition that he had no documentary evidence of relation of female heirs with the predecessor---Defendant admitted that he could not produce any evidence to show that 'Riwaj' (Custom) was in force at the time of death of the predecessor---Defendants being beneficiaries of mutations were legally bound to prove the same by producing marginal witnesses besides the Revenue Officer Halqa Patwari---Mutation was attested in 1938 when Riwaj was not in force---Khyber Pakhtunkhwa Muslim Personal Law (Shariat) Application Act, 1935 was promulgated in 1935 whereby female heirs became entitled to their share in accordance with law---Plaintiff was related to original owner/predecessor through his mother---Female heirs were deprived of their legal share on the pretext that…

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