Law: Specific Relief Act, 1877

Section: 39,42

Specific Relief Act (I of 1877)--- ----S.42---Suit for declaration---Inheritance---Compromise having effected in the earlier suit---Effect---Principles of estoppel and acquiescence---Applicability---Contention of plaintiffs was that they were owners in possession of suit property---Suit was dismissed concurrently---Validity---When predecessor of plaintiffs had admitted before a competent Court of law that suit property was jointly owned by both the parties then his legal heirs could not subsequently turn around by saying that suit property was exclusively owned by their predecessor---Principles of estoppel and acquiescence were applicable in the present case---Revision was dismissed, in circumstances. Nazim-ud-Din's case 2016 SCMR 24 rel. THIS JUDGMENT DELIVERED BY: SYED ARSHAD ALI, J.---- Through the instant revision petition, the petitioners have challenged the consolidated judgment and decree dated 11.11.2013 of the learned Additional District Judge-II/ Izafi Zila Qazi Buner at Dagger, whereby the appeal of the petitioners and cross objection of the respondent against the judgment and decree of the trial Court dated 15.6.2013 were dismissed. 2. Brief but essential facts of the case are that respondent Ayaat Shah had filed a Suit No. 168/1 on 31.10.2011 whereby he claimed to be owner and in possession of 1/4th share in the suit properties mentioned in the plaint and had also challenged 'fard-badr' dated 11.12.2009 whereby his share was reduced to 18th in the suit property. Similarly, the present petitioners through Suit No. 32/1 filed on 01.12.2011 had challenged the entries in the revenue record on the basis of title Deeds No.488/2 dated 06.03.1945, title deed No. 193 dated 04.8.1956, title deed No. 384 dated 05.02.1963 and a decision of the Ex-Ruler No.324 dated 18.6.1964. On the basis of these deeds the petitioners claimed exclusive ownership of the property measuring 53 kanals 18 marlas comprised of khasra Nos. 5013 to 5016 and 5017 to 5063. Both the suits were consolidated and the parties were provided the opportunity to produce their respective evidence. On closure of evidence, the learned trial Court decreed the suit of the respondent Ayaat Shah,…

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