Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Will---Scope---Defendant claiming to be occupying a part of property under a Will by the deceased in his favour---Contention of plaintiff was that she was the only legal heir of the deceased and was entitled for ownership of suit property---Defendant was bound to establish valid Will with regard to any part of suit property otherwise plaintiff being only legal heir would inherit whole of the suit property---Defendant had failed to establish a valid Will in his favour---Impugned and decree were result of erroneous approach of law and mis-reading of evidence---Chief Court decreed the suit of plaintiff---Revision was disposed of in circumstances. THIS ORDER PASSED BY: MUHAMMAD ALAM, J.--- Through this single order, I intend to dispose of this petition as well as Civil Revision No.74/2016. Order dated 25-04-2016 of the learned District Judge Ghizer, passed in C.F.A. No.94/2014 and C.F.A. No.100/2014, found challenged through both this petition as well as Civil Revision No.74/2016. 2. Petitioner filed a suit (Civil Suit No.45/2009) while respondent No.1 filed Civil Suit No.01/2010 in the trial court of Civil Judge Gupis/Yasin. Learned trial court completed trial proceedings in both the said suits and passed the following order on 02-10-2014, in Civil Suit No.48/09:-- "In absence of proving contrary of ownership of suit shop plaintiff has right to inherit the suit shop being single legal heir of late Jafar Ali. Therefore the Suit No.01/10 of plaintiff titled Mst. Mus Nigar v. Roshti etc is decreed in favour of plaintiff against defendants up to extent of suit shop only and the Suit No.48/2009 of plaintiff titled Mohammad Rahim v. Numbardar Jafar Ali etc. is dismissed being meritless. Attested copy of this judgment be placed in Suit No.01/2010." Feeling aggrieved from the same, respondent No.2, Mst. Mass Nigar, filed CFA No.94/2014, whereas, petitioner also filed appeal (CFA No.100/2014) against the said order in the District Court Ghizer. Rest of the respondents filed cross-objections in the District Court Ghizer, against the judgment/decree of the trial court. Learned District Court passed…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492