Law:

Section:

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----S. 2-A---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and permanent injunction---Inheritance---Concurrent findings of fact by two courts below---Plaintiff was daughter of deceased owner of suit land who claimed that on death of her father, suit property was transferred to her mother and after her death property was transferred to her paternal uncle (predecessor-in-interest of defendants), who could not inherit that land as legal heir---Suit was concurrently decreed in favour of plaintiff by Trial Court and Lower Appellate Court---Validity---Paternal uncle of plaintiff was not heir of deceased mother of plaintiff because at that time plaintiff was alive---Under Shia law, property of deceased lady had to be transferred into the name of plaintiff---Mutations of inheritance showed that name of plaintiff was concealed and predecessor-in-interest of defendants had illegally become owner of land in question---Two mutations of inheritance were illegal and were set aside---Plaintiff was actual owner of suit land and being co-sharer, every new entry in revenue record, gave her fresh cause of action, therefore, limitation did not run against her---High Court maintained s and decrees passed by two courts below as suit of plaintiff was rightly decreed in her favour---Revision was dismissed in circumstances. Ghulam Haider and others v. Murad through Legal Representatives and others PLD 2012 SC 501 distinguished. THIS JUDGMENT DELIVERED BY: RIAZ AHMAD KHAN, J.--- This judgment is directed to dispose of Civil Revision No. 2 of 2014. 2. Facts constituting the background of the present revision petition are that one Gulab Shah was owner of agricultural land, situated at Mouza Shah Allah Ditta Tehsil and District Islamabad. Detail of the land is given in the plaint. Said Gulab Shah died prior to 1946, when custom was the order of the day. He was survived by two sons namely Walyat Shah and Shah Ali Gohar. His son Walyat Shah died during those days and under the customary law his property devolved upon his widow Mst. Said Nishan. Walyat Shah deceased in addition to his widow had…

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