Law:

Section:

Limitation for inheritance-- ----Entitlement of inheritance--Remained successful to prove--Principle of resjudicata--Rights of succession could neither be defeated by law of limitation or on the basis of principle of res-judicata because sharia is a Supreme Law. Right of Inheritance-- ----To deny the legal right of inheritance--Obduracy--Appreciation of evidences failed to point out any illegality in appreciation of and at last petitioners conceding the real fact that respondent was daughter of deceased but one of their brother had already disposed of her share and to that extent the decree should not be given into effect against them received only--That submission shows their obduracy, to deny the legal right of inheritance. THIS JUDGMENT DELIVERED BY: S. ALI HASSAN RIZVI, JUSTICE--.--- The petitioners challenged the legality and vires of judgment and decree dated 27.9.2005 passed by the learned Civil Judge whereby suit for declaration with permanent injunction was decreed in favour of Respondent No. 1 Mst. Jannat Bibi and dated 24.4.2008 learned Additional District Judge dismissed the appeal. 2. Brief facts necessary for the disposal of the suit filed by the respondents for declaration with permanent injunction alleging therein that father of the respondent Dondi was allotted the land described in para 1 of the plaint. Respondent No. 1 claimed that Dondi above said was his father who expired in 1957 but Respondents No. 1 to 3 given in plaint got sanctioned Mutation No. 5 dated 6.4.1957 in their favour showing Dondi as issueless. The respondent/plaintiff (Mst. Jannat Bibi) claims that she is a real daughter of Dondi and entitled for 1/2 share from the inheritance of his deceased father. She came into knowledge about the mutation in 1996 when Respondents No. 1 to 3/defendants got exchanged their property through Mutation No. 1703 with Defendants No. 7 to 9. This mutation was challenged in appeal before the Assistant Collector, Sheikhupura. The Assistant Collector accepted this appeal. The respondent in the meanwhile withdrew her civil suit but the appeal of the petitioners/defendants was accepted by the learned Additional Commission (Revenue). The respondent…

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