Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration---Plaintiffs filed suit that they were legal heirs of deceased husband of vendor female who sold 'Ahata' in dispute to defendant vendee---Defendant had purchased suit 'Ahata' through registered sale-deed from the female---Mutation in favour of vendor female about conferment of proprietary rights on the basis of registered transfer deed by Municipal Committee was on record---Said mutation was sanctioned on the basis of registered document and through that document the rights of disputed 'Ahata' were conferred to said vendor female and not to her husband of whose the plaintiffs claimed to be legal heirs---Proprietary rights were granted to her even after nine years of the death of her husband---Lady sold said Ahata in favour of the defendant through registered sale-deed and mutation on basis of said sale-deed was sanctioned---Proprietary rights were transferred in favour of owner/vendor and registered deed through which proprietary rights were granted to her had not been challenged by the plaintiffs in their suit---When the document on the basis of which mutation was sanctioned in favour of the vendor had not been challenged, sale mutation in favour of the defendant also could not be challenged---Said mutation was not an inheritance mutation of deceased husband of the vendor---Suit filed by the plaintiffs was misconceived---Even if any initial allotment was made in favour of deceased husband of the vendor, that remained just an allotment till he breathed his last and his widow fulfilled all the conditions and then proprietary rights were conferred upon her---Appellate Court below was not justified in deciding appeal in favour of the plaintiffs, which was result of misreading and non-reading of evidence brought by the parties on the record---Impugned and decree passed by Appellate Court, were set aside and suit filed by the plaintiffs was dismissed with costs. JUDGMENT AMIN-UD-DIN KHAN, J.---Through this civil revision, the petitioner has challenged the judgment and decree dated 21-5-1998 passed by learned Additional District Judge, Bahawalnagar whereby the appeal filed by the respondents was…

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