Law: Specific Relief Act, 1877

Section: 39,42,54

(a) Specific Relief Act (I of 1877)--- ----Ss. 39, 42, 54---Suit for cancellation of mutation, declaration and injunction---Concurrent findings of facts by two Courts below, setting aside of---Mutation of inheritance, assailing of---Unexplained delay in filing of suit---Respondents/plaintiffs assailed mutation of inheritance on the plea that deceased father of petitioners/defendants had wrongly excluded them from inheritance of their mother---Suit was concurrently decreed in favour of respondents/plaintiffs by Trial Court and Lower Appellate Court---Validity---Suit was filed after more than 30 years of demise of predecessor-in-interest of parties and approached Court after more than 20 years of demise of father of petitioners/defendants---Entry in revenue record was not challenged in lifetime of predecessor-in-interest of parties---No plausible reason was reflected in evidence of respondents/plaintiffs as to why their mother did not challenge inheritance---No one could become mum for his/her right for such a long period---High Court set aside s and decrees passed by two Courts below and dismissed the suit---Revision was allowed accordingly. Mst. Asma Naz v. Muhammad Younas Qureshi 2003 YLR 587 and Khuda Bakhsh v. Habib Ullah, 1999 SCMR 1800 rel. Mst. Jameela Khatoons case 1997 CLC 1694 and Abdul Haq v. Mst. Surrya 2002 SCMR 1330 rel. (b) Islamic Law--- ----Fatwa---Proof---Fatwa cannot be relied unless its authority/ signatory is produced in Court and is subjected to cross-examination and entire circumstances are brought to his knowledge. Muhammad Daud v. Muhammad Farooque 2015 CLC 652 rel. (c) Civil Procedure Code (V of 1908)--- ----S. 115---Revisional jurisdiction of High Court---Scope---Though scope of revisional jurisdiction is limited but while exercising such jurisdiction Court can interfere where law point is involved or specific portion of evidence is omitted by Courts below---Court can also interfere where findings of Courts below are illegal, unlawful, based on misreading, non-reading of evidence and perverse---High Court while exercising such jurisdiction can re-evaluate and re-appraise entire evidence where findings are based on insufficient evidence…

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