Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Arts. 132 & 133---Cross-Examination---If portion of statement in chief was not cross-examined, such portion deemed to be admitted by other side. Hafiz Tasadduq Hussain v. Lal Khatoon and others PLD 2011 SC 296 rel. (b) Limitation--- ----Inheritance---Scope---Question of limitation does not arise in case of controversy relating to inheritance. Ghulam Ali and 2 others vs. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 70---Oral evidence in presence of documentary evidence---Evidentiary value---Mere oral assertion in presence of documentary evidence had no value---Oral evidence could not exclude documentary evidence. Elahi Bakhsh through legal heirs and others v. Muhammad lqbal and another 2014 SCMR 1217 and Maqbool Ahmad v. Government of Pakistan 1991 SCMR 2063 rel. JUDGMENT KHALID MAHMOOD MALIK, J.--- Brief facts necessary for disposal of the instant revision petition are that Soba was owner of land bearing holding No.457, while Shairan and Ghulam Rasool (father of plaintiffs) succeeded to the estate bearing 74 Kanals, 2 Marlas, vide inheritance mutation No.1495 dated 30-12-1950. Ghulam Rasool son of Sheran, sold land measuring 50 Kanals, 2 Marlas for consideration of Rs.690 and vide registered sale deed No.34 dated 18-1-1951 to Ameer Muhammad, predecessor in interest of defendants and he remained owner of land measuring 24 Kanals. The defendants continued to pay share of produce of suit land to the plaintiffs, but before a year prior to the filing of the suit, the defendants denied their title, whereupon the plaintiffs came to know about the transfer of suit land in favour of predecessor-in-interest of the defendants and filed a suit for declaration and possession of the suit land and also made prayer that the entries made in the revenue record may be declared void and illegal. The said suit was contested by the defendants, who raised preliminary objections as to valuation of the suit, limitation point, bar under section 42 of the Specific Relief Act, adverse possession laches, waiver, mis-description of the suit land and non-accrual of cause of action to the plaintiffs. Out…

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