Law: Muslim Personal Law (Shariat) Application Act, 1962

Section: 3,4,5

Law: Specific Relief Act, 1877

Section: 42

Law: Transfer of Property Act, 1882

Section: 41

Law: Muslim Family Laws Ordinance, 1961

Section: 3,4

West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----Ss. 3 & 4---Muslim Family Laws Ordinance (VIII of 1961), S. 3---Specific Relief Act (I of 1877), S. 42---Succession---Custom (riwaj)---Scope---Limited owner---Scope---Suit for declaration---Limitation---Co-sharer---Contention of plaintiff was that he was entitled to his shari share in the legacy---Suit was dismissed by the Trial Court on the ground of limitation but same was decreed by the Appellate Court---Validity---When inheritance opened it would be distributed according to sharia---Suit filed by a co-sharer could not be barred by limitation---Provision of Muslim Family Laws Ordinance, 1961 allowed inheritance to the children of propositus---Section 3 of Muslim Family Laws Ordinance, 1961 had provided that the provisions of said Ordinance would have effect notwithstanding any law, custom or usage---Muslim male heir who had acquired any agricultural land under the custom was to be deemed to have become an absolute owner upon acquisition of such land as if such land had devolved on him under the West Pakistan Muslim Personal Law (Sharia) Application Act, 1962---Mutation in question was attested in favour of the mother of plaintiff when she married the father of plaintiff---Appellate Court had discussed all the evidence and question of law as well as facts while passing the impugned and decree---No irregularity or illegality had been pointed out in the impugned passed by the Appellate Court---Revision was dismissed in circumstances. Muhammad Bakhsh v. Muhammad Shafi and others 1997 SCMR 1218; Nazir Ahmad and others v. Abdullah and others 1997 SCMR 281; Bashir Ahmad v. Abdul Aziz and others 2009 SCMR 1014 and Muhammad Ahmad Chatta v. Iftikhar Ahmad Cheema 2016 SCMR 763 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD NASIR MAHFOOZ, J.--- Through instant revision petition the petitioners have called in question the judgment and decree dated 21st November, 2012 of learned Additional District Judge, Lakki Marwat, whereby accepting appeal of respondent/plaintiff against the judgment and decree dated 23rd October, 2010 of learned Civil Judge-VIII, Lakki Marwat, his suit was decreed. 2. Brief…

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