Law: Specific Relief Act, 1877

Section: 42,54

Law: Specific Relief Act, 1877

Section: 42,54

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Suit for declaration and permanent injunction---Plaintiffs instituted a suit for declaration, to the effect that they were entitled to 1/3rd share in property of the common predecessor of the parties, while the remaining 2/3rd share had to be received by the respondents as legal heirs of sons of said common predecessor---Trial Court dismissed the suit and and decree passed by the Trial Court was upheld by the Appellate Court---Validity---Trial Court had totally ignored the long-standing entries in Revenue papers right from 1961-62 till date, wherein the plaintiffs had been shown to be owners of suit property as legal heirs of one of the sons of the common predecessor--On mere fact that no inheritance mutation to that effect was sanctioned, despite the fact that no such inheritance mutation even existed in favour of the defendant, the Trial Court had totally overlooked the unchallenged and unrebutted entries in the Revenue papers in favour of the plaintiffs---Both courts below had non-suited the plaintiff on the mere plea of the defendant that in the pedigree table, the predecessor of the plaintiff had been shown as "Pisr-e-Mutabanna "---Trial Court was obliged to effectively adjudicate each and every issue in controversy between the parties and to frame, a specific issue in that connection and thereafter invite evidence of the parties on the same and decide the controversy in accordance with the evidence produced in that connection---M the present case all that having not been done, s and decrees of the two courts below, were set aside and case was remanded to the Trial Court, with the direction to frame a specific issue as to whether, the predecessor of the plaintiffs was real son or "Pisr-e-Mutabanna", and thereafter invite the evidence of the parties on the same and decide the case on merits, in accordance with. law. 2010 SCMR 882, 1994 SCMR 559; 2002 YLR 3375 and 2004 SCMR 1524 ref. Abdul Zakir Tareen for Petitioners. Lal Jan Khan Khattak, A.A.-G. for Respondent No.l. S.M. Attique Shah for rest of the Respondents. Date of hearing: 14th November, 2011. JUDGMENT MIFTAH-UD-DIN KHAN, J.---- Hakim Khan etc.…

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