Law:

Section:

Specific Relief Act (I of 1877)-------S.42---Muslim Personal Law (Shariat) Application Act (Punjab Amendment) Ordinance (XIII of 1983), S.2-A---Constitution of Pakistan (1973), Art.185(3)---Limited estate---Daughters of last male owner---Entitlement to shares---Plaintiffs assailed mutation of inheritance in favour of defendants who were daughters of last male owner---Owner of suit-land died without any male issue and his land was mutated in year, 1934, in favour of his widow as limited estate---As the widow re-married, the suit-land was mutated in favour of two daughters in year, 1935---Plaintiffs being collaterals claimed to be the owners on the ground that the suit-land could not be mutated in favour of the daughters because they got married---Trial Court decreed the suit and the and decree passed by the Trial Court was maintained by Appellate Court---High Court in exercise of revisional jurisdiction set aside the concurrent s and decrees passed by both the Courts below on the ground that the daughters were entitled to their respective share, under the Sharia, in the property in question left behind by the deceased owner---Validity---Mutation in favour of the daughters was continued as such till the filing of the suit which was filed about 43 years after the sanctioning of disputed mutation and that in the circumstances the matter could not be treated as a closed transaction in view of S.2-A, of Muslim Personal Law (Shariat) Application Act (Punjab Amendment) Ordinance, 1983---Widow and the two daughters of the deceased owner were entitled to their Sharai shares in the suit-land and remaining land was to go to the collaterals in their respective shares---No infirmity legal or factual could be shown in the . passed by High Court which could entitle the plaintiffs, who wanted to deprive the defendants of their Sharai shares guaranteed to them by Islam---Leave to appeal was refused. Zafar Iqbal Chaudhry, Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for Petitioners. Nemo for Respondents. Date of hearing: 4th May, 2004. JUDGMENT KHALIL-UR-REHMAN RAMDAY, J.--- One Muhammad was owner of some land in Chak No.466/GB Tehsil Chiniot. On his death the…

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