Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration on the basis of inheritance---Limitation---Findings of Trial Court not challenged in appeal---Effect---Plaintiffs filed suit for declaration on basis of inheritance claiming that their father and husband was son of deceased/ mother who died leaving estates at two different places, but he had been given his share only in her one estate and was kept in ignorance regarding the other one and that his share had been illegally transferred in favour of defendant, husband of the deceased---Trial Court dismissed the suit on ground of limitation, whereas appellate court setting aside and decree of Trial Court decreed the same---Contention raised by defendant was that the deceased was issueless and that predecessor of plaintiffs had never challenged the disputed mutation in his life time---Plaintiff took plea that limitation was not applicable in cases of inheritance---Validity---Trial Court had decided that husband and father of plaintiffs was son of the deceased and disputed mutation had been illegally sanctioned---Defendants had not assailed findings of Trial Court nor had they filed any cross objection against decree of Trial Court before Appellate court---Findings of Trial Court had, therefore, attained finality and the same could not be challenged in revision petition---Defendants, in the present appeal, could only assail findings of appellate court on point of limitation and not on other issue---Disputed mutation was void being outcome of fraud---Limitation against fraudulent act started from day of knowledge of fraud---Defendants had specifically asserted in their plaint that they had come to know about fraudulent mutation few days before filing suit----Succession of Muslim could not be defeated by law of limitation---Suit of plaintiffs was within time---Fraud vitiated all solemn acts---No illegality or irregularity was pointed out in impugned and decree of appellate court, and the same was maintained---Revision petition was dismissed in circumstance. Mst. Grana through legal heirs and others v. Sahib Kamala Bibi and others PLD 2014 SC 167; Muhammad Rustam and another v. Mst.Makhan Jan and…

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