Law:

Section:

(On appeal from the judgment and order of the Peshawar High Court, Peshawar, dated the 18th February 1972, in R. S. A. No. 59 of 1967). Suit-Cause of action-Entire foundation of cause of action found to be false-Suit cannot succeed in part on such cause of action even as regards a defendant admitting plaintiff's claim. Date of hearing : 17th April 1973.                                                                                                                     JUDGMENT HAMOODUR RAHMAN, C. J.-This is a petition for special leave to appeal from a judgment of a learned Single Judge of the Peshawar High Court in a second appeal. This second appeal arose out of a suit filed by the petitioner herein for a declaration that be was the sole owner of the property left by his first cousin, Gul Khan, and for an injunction restrain ing            the respondents, who are the sister and the widow of the said Gul Khan, from receiving any amount out of the compensation money payable by the Government in respect of the acquisition of the said lands. Gul Khan died in March 1943, and an inheritance mutation was attested thereafter by which the properties of Gul Khan were mutated in the following shares :- (1) Mst. Taj Bibi (real sister)                          share (2) Mst. Shabo (widow) (paternal cousin)      share (3) Habib Khan petitioner.                              share The petitioner based his title too these properties on the basis of an alleged sale by Gul Khan in 1942 in his favour by an unregistered sale deed. The suit was…