Law: Specific Relief Act, 1877

Section: 42

Law: Civil Procedure Code (V of 1908)

Section: 115

(a) Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Limitation---Inheritance---Custom (riwaj)---Contention of plaintiffs was that they were entitled for the inheritance of deceased and widow being limited owner, was not entitled to transfer the suit property through sale or gift---Suit was dismissed concurrently being time-barred---Validity---Mutation in favour of widow did not suggest that same was attested on the basis of custom prevalent in the family of propositus of the parties---Property of a propositus did devolve either on the basis of Sharia or custom (riwaj) prevailing in the family upon his legal heirs---If mutation was to be attested on the basis of custom then reference of custom should be made in the order of Revenue Officer on the basis of Shart Wajib ul Arz---Nothing was on record that custom prevailed in the family of propositus for distribution of inheritance of immovable property---Findings of Courts below that widow was limited owner were result of mis-reading and non-reading of evidence available on record---Pleadings could not be admitted unless it was proved through cogent and confidence inspiring oral as well as documentary evidence---Present suit had been filed after 64 years from the attestation of impugned mutation---Suit was time barred, in circumstances---Revision was dismissed accordingly. Muhammad Farooq and 5 others v. Muhammad Haneef and others PLJ 2011 SC 44; Muhammad Din through L.Rs. and 16 others v. Zulfiqar and 2 others 2008 SCMR 1054; Muhammad Zubair and others v. Muhammad Sharif 2005 SCMR 1217; Hashmat Ali and another v. Mst. Jantan and others 1993 SCMR 950; Mahmood Shah v. Syed Khalid Hussain Shah and others 2015 SCMR 869; Muhammad Iqbal and 5 others v. Allah Bachaya and 18 others 2005 SCMR 1447; Mst. Grana through Legal Heirs and others v. Sahib Kamal Bibi and others PLD 2014 SC 167; Ghulam Haider and others v. Murad through Legal Representatives and others PLD 2012 SC 501; Bashir Ahmed v. Abdul Aziz and others 2009 SCMR 1014; Atta Muhammad v. Maula Bakush and others 2007 SCMR 1446; Mst. Shahi Lal and 5 others v. Khurshid Ali Khan and 13 others 2015 YLR 2443; Muhammad and others v. Mst. Khatoon and…

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