Law: Civil Procedure Code (V of 1908)

Section: 11

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Civil Procedure Code (V of 1908)------S. 11--Constitution of Pakistan (1973), Art. 185(3)--Res judicata, principle of---Applicability--Earlier suit between parties related to entitlement of petitioner to the share as an heir in the estate of her predecessor which had been usurped by vendor respondent--Such suit did not pertain to determination of title in respect of self-acquired property of vendee-respondent--Subsequent suit being related to self-acquired property was not barred by the principle of res judicata-Petitioner's' entitlement extended only to specific share of property which they had claimed in both the suits and which originally belonged to their predecessor-in-interest Petitioners thus could not improve upon their claim by demanding larger share in the inheritance at the fag-end of their litigation before Supreme Court--High Court having correctly decided questions between parties Supreme Court refused to grant leave to appeal. (b) Res Judicata--- ---Principle of---Earlier suit related to entitlement of an heir in the estate of her predecessor--Subsequent suit related to self-acquired property of vendee--Principle of res judicata was thus not applicable in circumstances. ORDER RUSTAM S. SIDHWA, J.---This is a petition by Mst. Muhammad Bibi and :ethers, petitioners, seeking leave to appeal against the decision of a learned Single Judge of the Lahore High Court dated 17-12-1989 accepting the regular second appeal filed by the legal representatives of Lai deceased respondent. 2. The-brief facts of the case are that one Kadar Dad was owner of 85 kanals 10 marlas of agricultural land in District Gujranwala. On his death, he was survived by his sister Mst. Mehran Bibi (the predecessor-in-interest of Mst. Muhammad Bibi, Mst. Rabia Bibi, Mst. Rasul Bibi, petitioners Nos. 1 to 3) and his brother Fateh Din, petitioner No. 4. Fateh Din, petitioner No.4, got the mutation of inheritance in respect of the whole land of Kadar Dad recorded in his name on 21-5-1954 as sole heir, to the exclusion of Mst. Mehran Bibi. The said Fateh Din then sold the whole land in favour of Lai, the predecessor-in-interest of the present respondents, through registered sale-deed…

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