Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S.42---Suit for declaration and possession---Scope---Plaintiff sought declaration with possession of her share in the suit land and claimed 1/9th share from the legacy of her father---Trial Court partially decreed the suit and held that she was entitled to 1/11th share---Appellate Court dismissed the appeal filed by defendants---Validity---Plaintiff was entitled to receive 1/11th share from the whole legacy left behind by her father but the plaintiff had relinquished her claim in the properties held by the children of her deceased brother and had also effected compromise with another share holder, therefore, her share in the suit land had fallen and reduced to 1/22nd---Impugned s warranted interference of Chief Court to the extent of declaration in favour of plaintiff---Revision petition was partially accepted. Munir Ahmed for Petitioners. Sher Madad for Respondent. Date of hearing: 25th October, 2021. JUDGMENT MALIK INAYAT-UR-REHMAN, J.----The instant Civil Revision petition has been filed by the petitioners against the concurrent findings passed by the learned District Judge Ghizer and the learned Civil Judge First Class Punial vide impugned judgments/decrees dated 31-09-2019 and 12- 12-2015 respectively. 2. Brief facts disclosed necessary for filing of the instant revision petition are that present respondent had filed c suit (Civil Suit No.32/2013) in the court of the learned Civil Judge First Class Punial/Ishkoman for declaration with possession of her share of lands mentioned in the head note of the plaint wherein she has claimed that she is entitled to get 1/9th of her shari share from the legacy of father of the parties as the plaintiff and defendants Nos.1 to 5 are real brothers and sisters inter-se while defendant No.6 is their step sister. It is also averred that Mr. Ali Asghar, the elder brother of both the parties, died leaving four female issues and plaintiff do not want to get her shari share from them, hence they were not made party to the suit. The plaintiff claims that the defendants Nos.1 and 2 are in possession of the whole legacy left behind by father of the parties and defendants are refusing to hand…

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