Law: Specific Relief Act, 1877

Section: 42,54

Law: Limitation Act, 1908

Section: 110

Law: Constitution of Pakistan, 1973

Section: 2A

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Limitation Act (IX of 1908), Art. 110---Constitution of Pakistan, Art. 2A---Suit for declaration and injunction---Bereaved family of martyred officer---Claim of legacy---Bereaved Families Scheme, status of---Petitioners/plaintiffs were parents of Shaheed officer and claimed his legacy after Shahadat, as his legal heirs---Suits and appeals filed by petitioners/plaintiffs were dismissed by Trial Court and Lower Appellate Court---Validity---Claims of bereaved families were regulated under policy devised by authorities---Such policy did not have force of statute or rules framed under a statute, as it was neither primary nor secondary law---Law of Shariah was supreme law of land under the Constitutional command and Art. 2-A of the Constitution was promulgated making objective resolution as substantive part of the Constitution---Claim of petitioners/ plaintiffs in Courts below was in respect of amount of rent coming from an apartment, which was a recurring cause---Any person even in case of recurring cause, like receipt of rent, would only be able to ask for rent of three years according to Art. 110 of Limitation Act, 1908---High Court declared that petitioners/plaintiffs were wrongly excluded from their due share in inheritance while allotting apartment to widow and daughter of Shaheed officer---High Court directed military authorities to make necessary corrections in their record---Revision was allowed accordingly. Wafaqi Hakoomat-e-Pakistan v. Awamunnas PLD 1991 SC 731 and Muhammad Saleem Ullah and others v. Additional District Judge, Gujranwala and others PLD 2005 SC 511 rel. JUDGMENT WIQAR AHMAD, J.---This order is directed to dispose of the petition filed by petitioners, under Section 115 of Code of Civil Procedure, 1908. 2. Petitioners in the capacity of parents of Shaheed Captain Fazal Alam, brought two separate suits against respondents, claiming that being legal heirs of Shaheed captain, they had been entitled to his legacy after his Shahadah, in the shape of pension grant as well as house, allotted at Gulshan-e-Johar, Karachi. The suits were consolidated by the learned civil Court. Respondents…

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