Law: Civil Procedure Code (V of 1908)

Section: O.I,Rr.3,9

Law: Civil Procedure Code (V of 1908)

Section: O.I,Rr.3,9

Law: Specific Relief Act, 1877

Section: 8

Civil Procedure Code (V of 1908)-------O. I, Rr. 3 & 9---Specific Relief Act (I of 1877), S.8---Suit for possession---Plaintiff claimed to be sole legal heir of his issueless deceased uncle---Proof---Plaintiff in support of his claim had not produced pedigree-table of deceased---Plaintiff in his deposition had admitted that deceased had left three daughters---Plaintiff in presence of daughters of deceased could not become a legal heir and claim exclusive ownership over suit property---Matter involved in suit was that of inheritance, thus, non-impleadment of daughters of deceased therein would be treated as fatal---Suit was dismissed in circumstances. Akhtar Ali Khan for Petitioners. Hassan Gul Khan for Respondents. Date of hearing: 31st August, 2012. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---Respondents were put on pre-admission notice by a learned Bench of this Court on 19-7-2012 so as to consider the contradictory findings of the trial and appellate Courts on contentious issues given by two learned Courts below vide their orders/judgments and decrees dated 16-6-2011 and 20-3-2012, which have been assailed by way of this revision petition. 2. I have heard learned counsel for the parties and have also gone through the record. 3. Assertion of petitioner/plaintiff No.1 in his plaint was that he is nephew of late Ajarh Khan, who was owner of the suit house and died issueless. He being his sole legal heir is entitled to inherit his share and respondents/defendants have no right either to assert their title over the suit house or interfere in his possession. The respondent/defendant No.1 rebutted the claim of plaintiff/petitioners on the ground that he has duly purchased the suit house through various documents and is in possession of the same since long wherein he has also made sufficient improvements. The stance of plaintiff No.1 being legal heir of late Ajarh Khan was also denied. In response to the summons issued by trial Court, only respondent/defendant No.1 appeared and submitted his written statement, wherein he denied the claim of the plaintiff/petitioner by raising various legal and factual grounds. Divergent pleadings of the parties were reduced to the…

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