Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss.42, 12 & 54---Suit for declaration of title, possession of immovable property and permanent injunction was decreed concurrently with the finding that the plaintiff was the lawfully wedded wife of the deceased original owner of the suit property, and that the suit property was given to her in lieu of nikkah---Validity---Record divulged that plaintiff had discharged her burden of proof and had through cogent and reliable evidence proved execution of dower deed in her favour at the time of her marriage with the original owner---Defendant, on the other hand, had produced unreliable and contradictory witnesses and failed to refute claim of the plaintiff---Courts below had properly appreciated the material on record---Revision was dismissed, in circumstances. (b) Pleadings--- ----Parties, in civil proceedings, were not allowed to produce evidence beyond the paramete of their pleadings and if any such evidence were produced, the same would not be looked into while deciding the suit. Muhammad Iqbal v. Ali Sher 2008 SCMR 1682 ref. ORDER ROOH-UL-AMIN KHAN, J.---The dispute in this lis pertains to the legacy of one Painda Gul who was owner and in possession of property measuring 17, Kanal 17, Marla and 2 Sarsai in different Khasra numbers situated in Mouza Turlandi, Tehsil and District Nowshera. 2. Record reveals that Painda Gul during his lifetime had contracted first marriage with the mother of Mst. Wadagai, defendant No.8, (hereinafter referred as petitioner) and second marriage with Mst. Khial Jana, plaintiff, (hereinafter referred as respondent). Noor Gul, predecessor of defendants Nos.1 to 7 and Ali Gul, defendant No.9, were brothers of the deceased Painda Gul. Thus the deceased was survived by one daughter (petitioner) two brothers (Noor Gul and Ali Gul) and a widow Mst. Khial Jana (respondent). On demise of Painda Gul, the inheritance Mutation bearing No. 2730 was attested on 29-5-2009. Since Noor Gul had died before Painda Gul, therefore, the mutation ibid was rectified on 26-6-2009 and the legal heirs of predeceased brother i.e. defendants Nos.1 to 7 were excluded from the inheritance of Painda Gul. The…

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