Law: Code of Criminal Procedure, 1898

Section: 42

Law: Code Of Civil Procedure, 1908.

Section: O.XX 18

Specific Relief Act, 1877 (I of 1877)-- ----S. 42--Civil Procedure Code, 1908 (V of 1908), O.XX R. 18--Suit for partition--Declaration--Possession--Shari share--Mesne profits--Decree--Appeal dismissed--Legal heir--Inheritance--Muslim law--Entitlement--Co-sharer rights--Estoppel admission--Inconsistent plea--Burden of proof--Evidence--Partition--Established--entitlement confirmed--Share determined--Rights recognized--On this plea, issue No.4 had been framed, which trial Court had determined alongwith issues--Issue No.4 had been determined in such a way that the legacy of Zarmast Khan had been held to have been partitioned and possession had been delivered to Meer Fayaz and Muhammadullah Khan--As a corollary of the above discussion, it was found that the respondent had rightly been nonsuited on issue (estoppel)--Respondent having been admitted to be one of the legal heirs of Meer Fayaz, was rightly held entitled to her shari share in the legacy of her father--Civil revision petition dismissed.                                                                                                 [Para 12 & 13] A & B Mr. Abdul Wali Khan, Advocate for Petitioners. Mr. Abdul Halim Khan, Advocate for Respondent No. 1. Mr. Javid Ali Khan, Advocate for the Respondents No. 2 to 9. Nemo for the official Respondents. Date of hearing: 9.1.2023. Judgment 1.       The instant civil revision petition was filed by Riaz Ahmad etc (the petitioners), against the judgment and decree dated 07.09.2017 of the learned Additional District Judge/Izafi Zilla Qazi, Chitral, whereby the appeal of the petitioners against the judgment and decree of the learned Civil Judge/lllaqa Qazi-II, Chitral,…