Law: Specific Relief Act (I of 1877)

Section: 42,54

Law: Balochistan Land Revenue Act, 1967

Section: XVII,52

Law: Civil Procedure Code (V of 1908)

Section: 115

Law: Registration Act (XVI of 1908)

Section: 17,49

(a)    Specific Relief Act (I of 1877)--- ----Ss.42 & 54 --- Balochistan Land Revenue Act (XVII of 1967), S.52---Civil Procedure Code (V of 1908), S.115---Dispute regarding. inheritance and ownership rights among heirs---Daughters entitlement to ancestral property--Recognition and enforcement---Defendants relying on purported family settlement--Presumption of correctness as to entries recorded in record-of-rights---Scope--Respondents Nos. 1 and 2, real sisters and daughters of late S (one of the three sons of WM ), filed a suit for declaration, partition, mesne profits, and permanent injunction regarding several ancestral properties left unpartitioned by WM ---They alleged that the petitioners, who were descendants of S s brothers MD and B , continued in possession and collected rent from the inherited properties without recognizing their lawful share under Muhammadan Law, and further attempted to sell portions of the estate---Trial Court decreed the suit in favor of the respondents, which was upheld by the appellate court, leading the petitioners/defendants to file the present civil revision challenging the concurrent findings of both courts below--Held: Admittedly the suit property was recorded in the revenue record in the name of father of respondents Nos.1 and 2, therefore, the petitioners bore a heavy burden to dislodge the inheritance claim of respondents Nos. 1 and 2---Agreement purported to have been entered into between parties was not registered which was a fatal defect---Such agreement was not only vague but also suffered from an inherent defect---Petitioners asserted exclusive purchase of the said property by their late father contrary to the revenue record and stance taken by them in 1971--The presumption of corrections attaching to the jamanbandi remained unrebutted; the admission implicit in the 1971 agreement, read with the doctrine of approbate and reprobate, estopped the party from taking a contrary stance---It was an admitted feature of the case that the suit property was joint property and that the sons of late WM and subsequently their legal heirs were entitled to receive their due shares in accordance with law---The…