Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)--- ----Ss. 42 54---Suit for declaration and injunction---Inheritance---Concurrent findings of two Courts below---Mutation of inheritance was assailed---Locus standi---Mutation of inheritance attested on 27-03-1922 on the basis of Riwaj (custom), respondents / plaintiffs claimed that sons from three widows of deceased owner were to be given equal shares instead of giving 1/3rd to sons from each widow---Trial Court and Lower Appellate Court decreed the suit and dismissed the appeal respectively---Validity---When legal heir was deprived of his/her legal right of inheritance and if he/she remained alive for a considerable period and had not challenged his/her deprivation from legacy of predecessor then at late stage when the legacy had changed many hands the further legal heirs had no locus standi to challenge such mutation of inheritance, which remained unchallenged during the lifetime of their predecessors---Immediate legal heir of deceased owner of the estate during their lifetime never challenged mutation in question---Suit which was filed in the year 2006, was barred by time as by then good number of transactions had taken place---High Court in exercise for revisional jurisdiction set aside concurrent findings of facts by two Courts below and dismissed the suit filed by respondents/ plaintiffs---Revision was allowed in circumstances. Muhammad Ishaq v. Federation of Pakistan PLD 1981 FSC 278; Muzaffar Khan v. Mst. Roshan Jan and others PLD 1984 SC 394; Mst. Farida and 2 others v. Rehmatullah and 2 others PLD 1991 SC 213; Ghulam Haider v. Murad through Legal Representatives PLD 2012 SC 501; Ghulam Ali v. Ghulam Sarwar Naqvi PLD 1990 SC 1; Muhammad Boota v. Allah Ditta 1998 SCMR 2764; Zulfiqar Ali v. Ghulam Rasool 2004 SMR 513; Muhammad Raffique v. Muhammad Ali 2004 SCMR 704; Mst. Fatima Bibi v. Altaf Ahmad 2009 SCMR 693; Mst. Gohar Khanum v. Mst. Jameela Jan 2014 SCMR 801; Lal Khan v. Muhammad Yousaf PLD 2011 SCMR 657; Mst. Granas case PLD 2014 SC 167; Mehmood Shahs case 2015 SCMR 869; Khan Muhammad v. Mst. Khatoon Bibi 2017 SCMR 1476; Asal Janan and others v. Zareef Khan and others 2020 SCMR 668 and Shabla and others v. Ms. Jahan…

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