Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)--- ----S. 42---Plaintiffs being legal heirs of the deceased filed suit for recovery of their shares in the compensation awarded to the widow of the deceased---Trial Court dismissed suit of the plaintiffs---Appeal filed by the plaintiffs was allowed by Appellate Court---Defendants asserted that the plaintiffs were not legal heirs of the deceased and that the amount received by the defendants was paid to the creditors of the deceased and nothing was left for its distribution to legal heirs--- Defendants had denied relationship of the plaintiffs with the deceased which showed their mala fide and intention to usurp the compensation amount---Written statement did not contain pleadings as to who were the creditors of the deceased---General mention of `creditors' was not sufficient so as to leave it open for producing witnesses of defendants' own choice---Appellate Court had thoroughly examined the entire evidence on record---High Court declined interference in of Appellate Court. THIS JUDGMENT DELIVERED BY: MUHAMMAD KHALID ALVI, JUSTICE:---.--- Brief facts of the case are that one Muhammad Aslam died on 16-5-1999 in a road accident. Petitioner No.1 was his second wife while petitioner No.2 was his daughter from the said wife and respondent is also his daughter from his earlier wife. On his death, compensation of Rs.2,00,000 was paid by the Government which was received by petitioner No.1 from National Bank of Pakistan and got it deposited in her own account in Habib Bank. Respondent feeling dissatisfied and being legal heir claimed her share of Rs.87,500 by way of filing a suit against the petitioners which was contested by the petitioners by pleading that respondent is not daughter of Muhammad Aslam and is thus not entitled to inherit share of compensation. Likewise it was pleaded that the deceased was under debt of Rs.2,00,000 and the amount was paid in discharge of his debt and funeral charges. After recording evidence of the parties, the learned trial Court vide judgment and decree dated 28-9-2005 dismissed the…

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