Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Declaration of title---Fraud---Proof---Co-sharer, possession of---Plaintiffs claimed to be the owners of 1/3rd land belonging to their predecessor-in-interest and also claimed that the sale deeds and mutations regarding land in question were result of fraud---Defendants admitted plaintiffs as legal heirs of deceased but asserted that they were not in possession of any piece of land---Trial Court as well as Lower Appellate Court dismissed the suit and appeal respectively---Validity---Plaintiffs were the legal heirs of deceased owner of land in question, while one of the defendants was the daughter of deceased owner and other defendant was brother-in-law of the deceased, who claimed himself to be the general attorney of the deceased---Deceased was owner of immovable properties in three districts of Punjab, who was incapacitated person, he was a man of advance age, patient of paralysis, unable to walk and two years before his death he was suffering from "Marz-ul-Mout" who never executed any sale-deed nor appointed his brother-in-law as his attorney and all alleged sales and power of attorney in favour of defendant were outcome of fraud---After the admission by defendants about status of plaintiffs, being legal heirs of deceased owner, the plaintiffs had become owners of their respective shares and they were deemed to be the co-shares in the property---Suit for declaration was maintainable, as such findings of two courts below to such extent were against law---Plaintiffs had successfully proved their case and daughter of deceased was entitled to her respective share according to law even if sale deed in her favour was declared illegal---Judgments and decrees passed by both the courts below were set aside and suit was decreed in favour of plaintiffs---All legal heirs of deceased would become owners of the estate according to Islamic law of inheritance---Revision was allowed accordingly. THIS JUDGMENT PASSED BY: MUHAMMAD KHALID MEHMOOD KHAN, JUSTICE:---.--- The petitioners filed a suit for declaration against respondents to the effect that sale-deeds and mutations detailed in the plaint be declared illegal, fraudulent,…

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