Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Art.64---Suit for declaration---Inheritance mutation--- Pardanashin ladies---Plaintiffs challenged inheritance mutation contending that their mother had been excluded from inheritance by male heirs of the propositus---Both the courts below had concluded that mother of plaintiffs and her legal heirs, were entitled to inherit in accordance with law---Validity---One of the two male heirs had admitted that mother of plaintiffs was his real sister and plaintiffs were his nieces---Statement (admission) of said male heir was important as his statement would result in decrease of his share in matter of inheritance---Defendants were bound to prove clear cut ouster of plaintiffs from the property in dispute---At the time of death of predecessor of parties, all legal heirs had become joint owners in property left by him---Suit was rightly held to have been filed within period of limitation---Mother of plaintiffs was deprived of her share at the time of attestation of mutation---No case of interference in exercise of revisional jurisdiction had been made out---Revision was dismissed. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this single judgment I intend to decide Civil Revision No. 286 of 1993 as well as Civil Revision No. 287 of 1993 and Civil Revision No. 1963 of 2000 as all these three matters are interconnected. 2. Through the civil revision in hand the petitioners have challenged the judgment and decree dated 10-12-1992 passed by learned Additional District Judge, Sargodha whereby appeal filed by the petitioners was dismissed and the judgment and decree dated 31-3-1991 passed by learned Civil Judge, Sargodha whereby the suit filed by the plaintiffs-respondents was decreed. 3. In this case mutation of inheritance of Mst. Noor Bhari widow of Sher Muhammad, bearing No. 256 attested on 7-5-1976, has been challenged by Razia Khatoon and Safia Khatoon. According to the claim of the plaintiffs their mother Mst. Allah Jewai, who was daughter of Noor Bhari, was excluded from inheritance. The inheritance mutation of Ameer Muhammad son of Noor Bhari, attested on 7-3-1978, was also challenged. 4. In…

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