Law:

Section:

Specific Relief Act (I of 1877) S. 42 Suit for declaration that deceased landowner having divorced his issueless widow during his lifetime, mutation of inheritance in her name and sale mutation by her in favour of defendant were not warranted by law and were liable to be set aside Trial Court on basis of evidence on record set aside both such mutations Appellate Court, however, dismissed plaintiff's suit for lack of evidence as to factum of divorce of such widow by her deceased husband ¬Validity Oral evidence produced by plaintiff did not establish that deceased had divorced his issueless widow during his lifetime Right of inheritance having been provided in Islam, wife could not lightly be deprived of her share in inheritance merely on presumption of hearsay evidence Inheritance mutation in the name of issueless widow having been attested in 1962, none .of the heirs of deceased landowner (who were parties to present litigation) objected to grant of share in inheritance to such widow till 1986 Silence and conduct of plaintiffs and pro forma defendants estopped them to object to such inheritance especially when such widow was not sued during her lifetime Factum of divorce having not been established, plaintiff's suit was rightly dismissed by Appellate Court. THIS JUDGMENT DELIVERED BY: SHAH JEHAN KHAN, JUSTICE:---.--- Predecessor of the petitioners herein had filed a suit for declaration to the effect that he and defendants Nos.2 to 35 in the suit were owners in-possession through inheritance of the estate left by his father Haji Doctor Allah Yar Khan. The description of property was sufficiently disclosed in the heading of the plaint. The inheritance mutation No.7341 attested on 6 8 1962, wherein apart from plaintiffs/defendants Nos.21 to 35, one Mst. Allah Wasai was also entered as owner through inheritance, was also challenged. The land entered in the name of Allah Wasai was subsequently mutated in the name of defendant No. 1 which was also made sub judice in the suit. Suit of the plaintiff bearing No.285/1 of 1991 was decreed by the trial Court of Civil Judge, D.I., Khan, but on appeal the District Judge, Tank Camp at D.I. Khan reversed the finding of the…

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