Law:

Section:

West Pakistan Muslim Personal Law (Shariat Application) Act (V of 1962)--- ----S.3---Specific Relief Act (I of 1877), Ss. 42 & 54---Inheritance---Suit for declaration and perpetual injunction---Predecessor-in-interest of plaintiff who was his widow and plaintiffs who were his daughters died in 1943 during the time of Ruler of Swat and plaintiffs were the only legal heirs of deceased---Plaintiffs in their suit had challenged the inheritance mutation of their predecessor-in-interest attested in favour of the defendants who were brother and nephews of deceased---Allegation was that defendants had stopped payment of produce from land left by the deceased and that the defendants had got mutated said property collusively in their names---Trial Court granted decree in favour of the plaintiffs to the extent of their Shari Shares in the legacy of deceased---Trial Court determined shares of the plaintiffs and other defendant who was uncle of the deceased---Appellate Court partially allowed appeal against the and decree of the Trial Court to the effect that decree for Shari Shares in legacy of their predecessor was kept intact, however, the sale mutations which were also challenged were kept intact as the shares of the plaintiffs, which could be realized from the lands of the vendors who were granted possession of legacy of deceased---Defendants recorded their joint statement committing themselves for payment of 10 maunds maize, five maunds barley and five maunds wheat to the plaintiffs---Plaintiffs were regularly paid said maintenance and on' its stoppage, within a month, suit was filed by the plaintiffs---Defendants who stated that they were paying said maintenance on account of sympathy, had conceded the payment of maintenance to the plaintiffs in lieu of the legacy of their predecessor which was taken over by the defendants as distant relation---Only one defendant/ uncle of deceased expressed his dissatisfaction over the and decree of Appellate Court while 'rest of the defendants had not agitated any grievance over partial decree of Appellate Court, which was impugned in revision---Petition which being without substance, was dismissed, in circumstances. Mst. Sahib…

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