Law: Constitution of Pakistan, 1973

Section: 185(3)

Constitution of Pakistan (1973--Art. 185(3)---Specific Relief Act (I of 1877), Ss. 42 & 56--Suit for declaration with permanent injunction------Limitation---Concurrent findings of three Courts---Suit and appeal filed by the petitioners were dismissed by the Trial Court and Lower Appellate Court as also by High Court in revision---Validity---Petitioners admitted that the deceased lady had been claiming herself to be the owner of the suit land since the date of registered deed in her favour i.e. 10-10-1979---Petitioners did not make any move to challenge the transaction before the appropriate Courts within time--­Sanctioning of mutation of inheritance, in favour of her relatives/heirs after her demise in April, 1987, supported the plea that the suit of the petitioners was barred by time---Leave to appeal was refused. Ch. Muhammad Abdus Saleem, Senior Advocate Supreme Court with Ch. 'Lalib Hussain, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 10th April, 1998. JUDGMENT CH. MUHAMMAD ARIF, J.----Leave to appeal is sought against judgment, dated 28-10-1996 delivered by the Lahore High Court dismissing in limine the petitioners' Civil Revision No.2714-D of 1996, upholding the concurrent findings of both the Courts below in the suit for declaration with permanent injunction brought by the petitioners. 2. The title of the suit is reflective of the case of the petitioners/plaintiffs and reads thus:- "Suit, for a decree for declaration to the effect that the plaintiffs are the Sharie and legal heirs of .the property measuring 69 Kanals, 7 Marlas, entered. at Khewat No.109/112/124, Khatuni Nos.266 to 269 Khasra Nos.201/7-7-, 428/1-0, 433/8-0, 199/5-16, 200/4-2, 136/6-0, 440-40, 441/3-2, 443/8-0, 434/6-0, 442/8-0, 436/8-0, plots according to Jamabandi for the year 1976-77, situated in the area of Village Dhillo Basha, Tehsil and District Gujranwala, left by Din Muhammad, after his death, mutation in the name of Gohri, widow of Din Muhammad and are rightful to receive it. They have full rights in inheritance of Din Muhammad and Mst. Gohri. The defendants have no right and concern with the inheritance of Din Muhammad and Mst. Gohri Mutation…

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