Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----S. 42---Qanun-e-Shahadat (10 of 1984), Art. 64---Suit for declaration-Plaintiff claiming to be entitled to inherit share in land left by her father "D"---Defendant's plea that his paternal uncle "D" had died un-married and issueless---Proof---According to first witness of plaintiff, he had seen father of defendant and third deceased brother of "D"---Second witness of plaintiff of 60/70 years age stated that name of wife of "D" was not in his knowledge, but when "D" died, he was of young age---Plaintiff had stated that her three brothers expired after her marriage; that wife of one of her deceased brothers had remarried with brother of defendant---Plaintiff in reply to a cross-question asked by defendant denied to have sold her share in suit-land--Such cross-question would lead to a conclusion that plaintiff had always been claiming herself as daughter of deceased "D"---Defendant neither in his evidence nor while cross-examining plaintiff and her witnesses had pointed out name of her father---Defendant had not asked any witness of plaintiff that "D" had no relation with her--Defendant in rebuttal had not examined his brother, who was alleged to have married with widow of plaintiff's deceased brother---Defendant had failed to rebut plaintiff's statement with regard to her deceased brothers as sons of "D"---One witness of defendant had not denied relation of "Z" as wife of deceased "D"---Defendant had refused to accept offer of special oath on Holy Qur'an in trial Court and at appeal stage---Defendant had neither challenged identity card of plaintiff showing her as daughter of "D" nor asked her any question that same had been obtained by fraud---Third brother of defendant by non filing appeal or revision against judgment of Trial Court had accepted plaintiff's right---Suit was decreed in circumstances. (b) Islamic Law--- ----Succession, right of---Validity---Sharia being a supreme law, such right could not be defeated by law of limitation or on basis of principle of res judicata. Ch. Tanveer…