Law:

Section:

USMAN ALI SHAH, C. J. The facts relevant for the disposal of this revision application are that Noor Khan owned agricultural as well as residential property. He had two sons, namely, Qutab Khan and Abdur Rehman. Qatab Khan predeceased his father. He was issueless and was survived only by his wife Mst. Sherina. Abdur Rehman was, however, alive when his father died. Abdur Rehman was, also issueless and during his lifetime, he executed a will to the effect that after his death his property will be transferred to his wife Mst. Wahab Jan and his brother's widow Mst. Sherina and after their deaths, his sisters Mst.Wazira, Mst. Amira and Mst. Amro will become owners of his property in equal share. It appears, however, that after the death of Abdur Rehman the suit land (which is agricultural property) came into possession of Mst. Amro. As custom was then the rule of law, Taus Khan, a reversioner, brought a suit against Mst. Amro challenging the above will executed by Abdur R.ehman for declaration that the same was void and not binding upon his reversionary rights. It may be pointed out that in that suit Taus Khan did not question the residential property of Abdur Rehman: The learned Civil Judge who tried the suit granted decree in favour of Taus Khan, vide order dated 30-3-1918 but in appeal of Mst. Arnro the said decree was reversed by the learned Divisional Judge. On' further appeal of Taus Khan, however, the order of the learned Divisional Judge was set -aside and the decree of the Civil Judge was upheld by the former Court of Judicial Commissioner, N.W. F. P. vide Judgment dated 3-8-1920. Consequently, Taus Khan took possession of the suit land. In the events that happened, Mst. Amro brought the present suit against the heirs of raus Khan for joint possession of the suit land claiming that she is owner to the extent of 2/9 shares in the same. Only defendant No. 1, the wife of the son of Taus Khan, contested the suit. Upon the pleadings of the parties, the learned trial Judge framed the following issues: --   Whether the plaintiff has a cause of action? Whether the suit is within time? O.P.P. Whether Civil Court has the jurisdiction to entertain the…