Law: Specific Relief Act (I of 1877)

Section: 42,54

Law: Colonization of Government Lands (Punjab) Act, 1912

Section: V,19A

Law: Muslim Family Laws Ordinance, 1961

Section: VII,4

(a)    Specific Relief Act (I of 1877)-------Ss. 42 & 54---Colonization of Government Lands (Punjab) Act (V of 1912), S. 19-A---Suit for declaration and injunction---Succession to tenancy---Limited owner, right of---Suit filed by respondents/plaintiffs seeking their right of inheritance in suit property was decreed in their favour by Trial Court as well as by Lower Appellate Court---Validity---Respondents/plaintiffs could not have any vested right with regard to property/estate of their predecessor-in-interest during life time of her mother---Right to succession came into existence on the death of limited owner, as the property had reverted to original owner i.e. father of predecessor-in-interest of respondents/plaintiffs---On termination of limited interest of widow, the succession was open under S. 19-A of Colonization of Government Lands (Punjab) Act, 1912, to all persons who would have been entitled to inherit the property at the time of death of last full owner and at that time predecessor-ininterest of respondents/plaintiffs was alive--- Respondents / plaintiffs were entitled to share of their predecessor-in-interest which she had inherited from her father--Mutation which was sanctioned to the exclusion of legal heirs of deceased was nothing but a waste of paper, running counter to Shariah by which Muslim right holders are governed---High Court in exercise of revisional jurisdiction declined to interfere in concurrent findings of facts by two Courts below---Revision was dismissed, in circumstances.(b)    Muslim Family Laws Ordinance (VIII of 1961)-------S. 4---Inheritance---Children from pre-deceased son/daughter---Principle--Grand children are entitled to receive share equal to the share of their mother or father in view of S. 4 of Muslim Family Laws Ordinance, 1961---Only condition to such entitlement is that succussion should open after promulgation of Muslim Family Laws Ordinance, 1961.PLD 1961 Central Statutes at Page 337; Allah Rakha and others v. Federation of Pakistan and others PLD 2000 FSC 1; Yusuf Abbas and others v. Mst. Ismat Mustafa and others PLD 1968 Kar. 480; Sakhi Muhammad v. Ahmad Khan and 3…