Law:

Section:

Specific Relief Act (1 of 1877) - S. 42 Declaratory suit Pleadings of parties unanimously reflecting respondent having had only life interest in land in dispute Mutation which petitioner appellant endeavoured to defend also sanctioned on assumption of respondent having bad a limited interest under custom ¬Limited estate under custom having terminated under S. 3 of West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962), petitioner's claim of having become absolute owner of land ill founded -Parties in 1942 governed by customary law but on termination of life estate after enactment of Act V of 1962, entire inheritance, held, reopened and respondent entitled to her shariat share and not mere maintenance allowance. [Succession Custom (Punjab)]. ORDER MIAN BURHANUDDIN KHAN, J. This petition for leave to appeal is directed against the judgment of the Lahore High Court, Rawalpindi Bench, dated 30 9 81 passed in R. S. A. No. 617/80. 2. The dispute between the parties relates to land measuring 218 kanals 9 marlas situate in village Kabail, Tehsil Gujar Khan, District Rawalpindi which was originally owned by Karam Khan (deceased) which devolved, on his demise, in equal shares on the present petitioner and Ali Bahadur his real son. Ali Bahadur died issueless in 1941 and the respondent is his window. In 1942 she filed a suit for partition in respect of the land in question. The petitioner also filed a suit in the same year praying for a declaration that Mst. Shah Begum, respondent was not entitled to seek partition of the land, and as consequential relief', sought permanent injunction restraining her from taking possession of any portion of the suit land. The litigation between the parties came to an end by a compromise deed effected in March, 1943. An area measuring 77 kanals and 15 marlas was given to Mst. Shah Begum and she surrendered 4 acres in petitioner's favour. In the suit filed by the petitioner the compromise deed mentioned the same facts with the conditions that respondent had waived her claim on all other estate of deceased Ali Bahadur and that she will only have life interest in the land measuring 77 kanals and 15 marlas with no power to…

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