Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Suit for declaration and permanent injunction---Plaintiff, who was real daughter of the deceased, owner of property in dispute; prayed for her 'Sharia share' in the property of the deceased---Defendants who were the widow and daughters of the deceased, deprived the plaintiff from her share in the property in dispute, on the grounds, firstly that same shares of the plaintiff, had been purchased by two defendants and secondly that land in dispute was Government land, and had been mutated in the name of one defendant---Burden of alleged sale of shares of plaintiff in favour of the defendants was on defendants, but they failed to produce any marginal witnesses to prove said sale---Attestation of alleged mutation of land in the name of said defendant was not supported by any document---Plaintiff was entitled to her share in the suit land, and the Trial Court had correctly held so---All the defendants had completed partition of almost half of the land among themselves, depriving the plaintiff in said property---Appellate Court below, had declared said land as Government land, just because a column in the revenue papers showed so---Appellate Court failed to appreciate that, if the said land was Government land, then why part of the same had been partitioned among parties---Findings of the Appellate Court were based on mere conjectures, and amounted to misreading of evidence; as well as material irregularities---Chief Court held that suit land was subject to partition between the parties to their 'Sharia shares'---Judgment of Appellate Court was reversed, and that of the Trial Court was upheld, in circumstances. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALAM, JUSTICE:---.--- Order/judgment dated 17.06.2004 passed by District Judge, Skardu in C.F.A. No. 46/2013 (ADSJ) CFA No. 34/2014, (DJ) and CFA No. 24/2013, whereby the learned District Judge varied the judgment/decree dated 07.09.2013 of the learned trial court, passed in Civil Suit No. 31/2010. 2. From perusal of record it is evident that petitioner/plaintiff filed Civil Suit No. 31/2010 and after complete trial proceedings the learned trial court i.e. civil judge…

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