Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 8 & 42---Partition Act (IV of 1893), S. 4---Suit for possession, declaration, rendition of accounts and partition---Limitation---Legal shares---Plaintiffs were real sisters of defendant and sought recovery of their legal shares in property as well as business left by their deceased father---Trial Court passed preliminary decree in favour of plaintiffs---Plea raised by defendant was that suit filed by plaintiffs was barred by limitation---Validity---Plaintiffs fully proved the stance that they being legal heirs were sharers in business as well as in disputed property and were entitled for declaration sought in their suit that they were owners thereof as per their legal shares of inheritance---Question of limitation did not arise in such like cases of inheritance as on the death of principal, all his legal heirs were deemed to step into his shoes as owners of the legacy according to their shares drawn by Shariah and they could not be deprived of their legal rights/shares on any score unless it was proved that they themselves relinquished the same---No evidence was led by defendant regarding the fact or to prove alleged family settlement about distribution of properties left by predecessor-in-interest of parties through the agreement---High Court declined to interfere in and decree passed by Trial Court---Appeal was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: CH. MUHAMMAD MASOOD JAHANGIR, J.--- By filing the instant appeal the appellant/defendant has assailed the preliminary judgment and decree dated 23.5.2011, which was passed by the learned Civil Judge, Lahore in a suit for declaration, injunction, partition, possession and rendition of accounts filed by the respondents-plaintiffs. 2. The facts germane for the disposal of the instant appeal are that respondents/ plaintiffs are real sisters of present appellant/defendant and the respondents/ plaintiffs filed the referred suit seeking a decree for declaration to the effect that:-- 1. Messrs Malik Sajjad and Co was a partnership firm between late Malik Muhammad Amin and company and the defendant; 2. That the property bearing No. 79/80, New Timber Market,…

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