Law: Specific Relief Act, 1877

Section: 8,42

Law: North West Frontier Province Muslim Personal Law (Shariat) Application Act, (VI of 1935)

Section: 3(2)

Law: Muslim Personal Law (Shariat) Application Act, 1962

Section: 2,2A

Specific Relief Act (I of 1877)--- ----Ss. 8 & 42----West Pakistan Muslim Personal Law (Shariat Application) Act (V of 1962), Ss. 2 & 2-A---North-West Frontier Province Muslim Personal Law (Shariat Application) Act (VI of 1935), S. 3(2) --- Suit for declaration and possession --- Inheritance mutation of plaintiff's father attested in year 1937 according to prevailing custom depriving her from his inheritance --- Defendant's plea was that suit was time-barred---Validity---Provisions of S. 2 of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 had already been declared to be violative of Injunctions of Qur'an and Sunnah---West Pakistan Muslim Personal Law (Shariat Application), Act, 1962 had retrospective effect---Plaintiff's father died in year, 1937, who, after enforcement of Act, 1962 would be deemed to have died under domain of Muslim Personal Law and his property would be divided even today in accordance with Shari share---Right of inheritance had no nexus with attestation of mutation---No impediment in distribution of inheritance under Islamic Law existed even before 15-3-1948---Plaintiff being daughter of deceased was entitled to 1/2 share in his inheritance-Non-payment of produce to legal heirs would be ineffective regarding right required through inheritance as all owners in property would be deemed to be interested in each and every inch thereof---Possession of one co-owner would be considered for benefit of remaining owners in Khata---Suit was decreed for being within time. The Federation of Pakistan through Secretary, Law and Parliamentary Affairs, Islamabad v. Muhammad Ishaq and another PLD 1983 SC 273; Mst. Fareeda and 2 others v. Rehmatullah and another PLD 1991 SC 213 and Muhammad Anwar and 2 others v. Khuda Yar and 25 others 2008 SCMR 205 rel. Mir Alam v. Mst. Jane and others 1989 SCMR 1293 distinguished. JUDGMENT SYED SAJJAD HASSAN SHAH, J.---Mirza Muhammad and one another the petitioners have challenged under section 115 of C.P.C., the judgment and decree passed by the learned Additional District Judge-VI, Swabi, dated 8-4-2009, whereby appeal filed by the petitioners against the judgment and decree passed by the learned…

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