Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Art. 114---Suit for declaration---Estoppel, principle of---Applicability---Mutation of inheritance attested on 7-5-1925 was assailed by plaintiffs on 28-10-1993, on the plea that they were deprived of their lawful share---Suit was concurrently decreed in favour of plaintiffs by both the courts below---Validity---By s passed by both the courts below mutation effected in year, 1925 was upset while much water had flowed under the bridge---Plaintiffs were estopped by their words and conduct to file suit and claim inheritance in year, 1993, while admitting that their predecessor-in-interest had not challenged mutation in question when he was alive knowing fully well regarding the mutation and having participated in proceedings for consolidation---High Court in exercise of revisional jurisdiction set aside findings of both the courts below resultantly dismissed the suit filed by plaintiffs---Revision was allowed in circumstances. Noor Salam and others v. Gul Badshah and others PLD 2002 SC 622; Mehrban and 3 others v. Mst. Sahib Jan 2005 SCMR 1832; Rehmatullah and others v. Saleh Khan and others 2007 SCMR 729; Juma Khan and others v. Mst. Bibi Zenaba and others PLD 2002 SC 823 and Bashir Ahmed v. Abdul Aziz and others 2009 SCMR 1014 ref. Abdul Haq and another v. Mst. Surayya Begum 2002 SCMR 1330 and Muhammad Rustam and another v. Mst. Makhan Jan and others 2013 SCMR 299 rel. JUDGMENT SHAHID KARIM, J.---This is an application under section 115 of Civil Procedure Code, 1908 by way of revision petition against the concurrent judgments and decrees dated 13-3-2001 passed by the Civil Judge, Muzaffar Garh and dated 2-3-2005 by Addl. District Judge, Muzaffar Garh. 2. This case has historical facts and a summary of these facts can be gleaned from the plaint as well as the written statements filed by the parties. 3. The case set up in the plaint was that the petitioners were sons of Hamid Khan who was the husband of Mst. Saddan. Mst. Saddan in turn was the daughter of Gohar Khan who was the son born out of the wedlock of one Habib Khan and Mst. Sahib. It is not denied by the parties that the…

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