Law: Specific Relief Act, 1877

Section: 42,54

(a) Specific Relief Act (I of 1877)--- ----Ss. 42 54---Suit for declaration and permanent injunction---Inheritance---Limitation---Burden of proof---Contention of plaintiffs was that defendants were not entitled for the estate of deceased and inheritance mutation in their favour was based on fraud---Suit was dismissed concurrently---Validity---Presumption of truth was attached to the revenue record which was more than a century-old---Contention of plaintiffs was based on assumption and presumption without any proof or record---Plaintiffs had failed to prove that additional share of defendants was due to inheritance from the deceased---Plaintiffs had deprived the female descendants of deceased from their legal share in the inheritance---Plaintiffs had not come to the Court with clean hands---Relief of declaration was discretionary and not available to such persons---Predecessors of plaintiffs were aware of the distribution of estate of the deceased but they had not challenged the entries of revenue record during their lifetime---Plaintiffs had not mentioned the date of their alleged knowledge of the impugned mutation in their plaint---Plaintiffs had no locus standi to challenge the alleged entries of revenue record in circumstances---Plaintiffs had failed to prove fraud in execution of alleged documents---Present suit had been filed after forty years from the death of father of plaintiffs---Suit was time-barred in circumstances---No illegality, irregularity, mis-reading or non-reading of evidence had been pointed out in the impugned s and decrees passed by the Courts below---Revision was dismissed in circumstances. Atta Muhammad v. Maula Bakhsh and others 2007 SCMR 1446; Mst. Grana through Legal Heirs and others v. Sahib Kamala Bibi and others PLD 2014 SC 167; Shad Muhammad through L.Rs. and others v. Mst. Sarwara 2015 MLD 582; Abdul Haq and another v. Mst. Surrya Begum and others 2002 SCMR 1330; Muhammad Rustam and another v. Mst. Makhan Jan and others 2013 SCMR 299; Shafi Muhammad and others v. Khanzada Gul and others 2007 SCMR 368; Ghulam Murtaza v. Abdul Salam Shah and others 2010 SCMR 1883; Sayed Abbas Taqi Mehdi v. Mst. Sayeda Sabahat Batool and others 2010…

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