Law: Specific Relief Act, 1877

Section: 54

Specific Relief Act (I of 1877)--- ----Ss.42 & 54---Suit for declaration and injunction---Inheritance, claim of--- Asset not available in lifetime of deceased---Appellant/plaintiff claimed his legal share in suit property left by his deceased son who died during service in Pakistan Navy---Suit filed by appellant/plaintiff was dismissed by Trial Court---Validity---There was no plot or house that was transferred or transferable to deceased during his lifetime as a service benefit---Deceased was not in a position to own or exchange a house or plot in Navy Housing Scheme during his lifetime---House in Navy Housing Scheme was transferable to deceased only after his retirement and not before---In case of a member's death, house was to be transferred to his widow in terms of clause 19 of the terms and conditions issued by Navy Housing Scheme---There was no question of inheritance, as deceased was not owner of any plot or house in Navy Housing Scheme at the time of his death---Terms and conditions issued by Navy Housing Scheme had a contractual force and it was on such basis that a house was allotted to respondent/widow of deceased and not to all his legal heirs---It was in fulfillment of the terms and conditions issued by Navy Housing Scheme that the suit property was allotted to respondent/widow of deceased officer---High Court declined to interfere in judgment and decree passed by Trial Court---Appeal was dismissed, in circumstances. Shahnaz Parveen v. Javed Yaqoob 2020 MLD 638; Wafaqi Hakoomat-e-Pakistan v. Awamunnas PLD 1991 SC 731 and Zaheer Abbas v. Pir Asif 2011 CLC 1528 rel. JUDGMENT MIANGUL HASSAN AURANGZEB, J.---Through the instant regular first appeal the appellant, Commander (R) Muhammad Riaz, impugns the judgment and decree dated 30.11.2018 passed by the Court of the learned Civil Judge, Islamabad whereby the suit for declaration, permanent and mandatory injunction filed by him against inter alia his daughter-in-law, Mrs. Ayesha Qayyum/respondent No.5 was dismissed. In the said suit, the appellant had sought a declaration to the effect that he and his family members were entitled to their shares in inheritance in House No.D-117, Pakistan Navy Housing…

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