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1987 SCMR 54 SUPREME COURT OF PAKISTAN Present: Aslam Riaz, Hussain and Nasim Hasan Shah, JJ Mst. DAULAN and another-Petitioners Vs NOORA and another --Respondents Civil Petition No. 277 of 1984, decided on 27th October, 1986. Date of hearing: 17th October, 1986. (On appeal from the , dated 19-2-1984 of the La hors High Court in R.S.A. No. 288 of 1978). Syed Hussain Muhammad Naqvi, Advocate Supreme Court and Raja Abdul Razzaque, Advocate-on-Record for Petitioners. Muhammad Ghani, Advocate Supreme Court and Inayat Hussain, Advocate-on-Record for Respondents. Constitution of Pakistan (1973)-- ---Art. 185(3)--Specific Relief Act (I of 1877), S.42--Limitation Act (IX of 1908), S.3--Suit for declaration--Limitation--Joint possession as co- sharers--Sale of agricultural land by limited owner--Suit for declaration that plaintiffs were owners in possession, and sale was ineffective and void qua their rights--Limited estate having already terminated, defendant had no right to sell--Plaintiffs being-in joint possession as co-sharers, question of limitation would not arise nor suit was hit by proviso of S.42, Specific Relief Act, 1877--Suit decreed and decision upheld by High Court in second appeal--Leave to appeal refused on ground that findings of lower Court were given after proper consideration of all aspects of questions agitated before them and no­ interference was called for. ORDER NASIM HASAN SHAH, J.--Leave of this Court is sought against the , dated 19-2-1984 passed by a learned Single Judge of the Lahore High Court in R.S. A. No.288 of 1978. The relevant facts are that one Allu son of Mamoora, the last male owner of a piece of agricultural land measuring 122 Kanals 3 Marlas situated at village Bars, Ghar, Tehsil Nankana Sahib, District Sheikhupura, died on 22-4-1939. On his demise, the land was mutated, under custom, in the name of his two daughters, namely, Mst.Rani and Mst. Daulan vide Mutation No. 147, dated 3-5-1939. His daughter Mst.Rani contracted a marriage in 1941 and her share in the land in question was transferred in favour of Mst. Daulan, petitioner No.1 herein, vide Mutation No.195, dated 14-2-1942. After the death of Mst.Rani, who had died…

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