Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss. 42, 54 & 55---Suit for declaration, perpetual and mandatory injunction---Defendants, in the case were granted share in the estate of their uncle in presence of his real brother, while under Shariat the nearer in degree to the deceased Muslim excluded the rarer to get share in the legacy---In presence of real brother, the property devolved upon the nephew and sons of deceased nephew under the prevailing custom was rightly challenged by the plaintiffs---Courts below were legally justified in granting the requisite decree for correction of revenue record---Though the legacy was opened in the year when disputed inheritance mutation was attested on 5-9-1930 under custom, but the entire legacy of original owner remained in possession of his brother and the defendants were only recorded "ghair dakhilkar" in the subsequent jamabandi; and the successors of the brother of deceased got knowledge of said revenue entries only when a suit for produce was brought against them and thereafter, they, without loss of time filed suit challenging the inheritance mutation, being contrary to the Injunctions of Islam---No illegality, material irregularity, misreading or non-reading of evidence, or any jurisdictional error in the concurrent findings of the two courts below warranting interference of High Court in revisional jurisdiction, was found, revision petition was dismissed, in circumstances. PLD 2009 SC 95 and 2002 SCMR 426 ref 1999 SCMR 1558 and 2008 CLC 61 distinguished 2005 SCMR 1217; PLD 1991 SC 93; PLD 1984 SC 394 and 2008 CLC 1291 rel JUDGMENT SHAH JEHAN KHAN YOUSAFZAI, J.---This revision petition is directed against the concurrent findings of the two Courts below whereby the suit for declaration and perpetual mandatory injunction filed by the plaintiffs/respondents was decreed by the trial Court vide judgment and decree dated 20-6-2009 which was upheld by the lower Appellate Court through judgment and decree dated 15-1-2010. 2. Briefly stated the facts of the case are that the plaintiffs-respondents instituted a suit for declaration regarding the disputed property fully described in the heading of the plaint to the effect…

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