Law:

Section:

Khyber Pakhtunkhwa Muslim Personal Law (Shariat) Application Act (VI of 1935)--- ----S. 4---Muslim Personal Law (Shariat) Application Act (V of 1962), Preamble--- Specific Relief Act (I of 1877), S. 42---Suit for declaration--- Succession--- Limitation--- Co-sharer--- Limited owner---Scope---Contention of plaintiffs was that they were entitled to their shari shares in the legacy---Suit was decreed concurrently---Validity---Legacy of Muslim would be divided amongst his heirs according to Islamic Law even though he had died prior to the promulgation of Khyber Pakhtunkhwa Muslim Personal Law (Shariat) Application Act, 1935---Share of female limited owner on termination of her limited interest was in terms of Islamic Law---Plaintiffs being legal heirs of deceased were entitled to get their shares in the legacy---Entitlement of plaintiffs was not only recognized by the law of the land but also by the Islamic Law which could not be extinguished by any mutation---Any co-sharer, in possession of joint property, should be deemed as holding the possession on behalf of all the co-sharers---No limitation would run against the co-sharer---Every successive wrong entry in the revenue record would give a fresh cause of action---No wrong entry could be legitimized with the efflux of time---No illegality or irregularity had been pointed out in the impugned s and decrees passed by the Courts below---Revision was dismissed in circumstances Federation of Pakistan v. Muhammad Ishaq PLD 1983 SC 273; Muzaffar Khan v. Mst. Roshan Jan and others PLD 1984 SC 394; Imsail and another v. Ghulam Qadir and others 1990 SCMR 1667; Habib Ullah Jan and 03 others v. Muhammad Hassan Khan and 06 others PLD 1991 SC 93; Mst. Farida and 2 others v. Rehmatullah and another PLD 1991 SC 213 and Muhammad Anwar and 2 others v. Khuda Yar and 25 others 2008 SCMR 905 ref. THIS JUDGMENT DELIVERED BY: ROOH-UL-AMIN KHAN, JUSTICE:---.--- Impugned herein is the judgment dated 16.10.2014, passed by learned Civil Judge-VII, and judgment dated 11.04.2016, passed by learned Additional District Judge-III, Nowshera, whereby a decree of declaration and permanent injunction has been concurrently passed in favour of the…

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