Law:

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Islamic Law---- --Will-Oral Will by deceased in favour of his old driver---Legal heirs of deceased admitting such Will and undertaking to honour same by executing deed of family settlement signed by them and such driver---Inclusion of driver's name in Revenue Record on basis of such deed to the extent of 12-1/2 acre acres of land, which entries remained upheld by revenue hierarchy---Held, driver was entitled to the extent of 12-1/2 acres of land. JUDGMENT HAMID ALI MIRZA, J.---This civil appeal with leave of the Court is directed against judgment, dated 9-6-2003 in Civil Revision No.2073 of 1996 passed by learned Single Judge of the Lahore High Court, Lahore, whereby said civil revision filed by the appellant/ defendant was dismissed thereby judgment and decree, dated 12-5-1996 passed by learned Additional District Judge was reversed and suit of the respondent/plaintiff was decreed in toto hence this appeal with leave of this Court. 2. Brief facts of the case are that the respondent/plaintiff Mst. Nighat Iram Alam filed suit for declaration and permanent injunction against the appellant/defendant Alam Khan praying therein to declare Mutation No.1339 attested on 17-7-1969 to be void ab initio and the respondent/plaintiff continued to be owner in possession of the suit-land measuring 199 Kanals, 17 Marlas, bearing Khasra Nos. 503, 504, 409, 510, 519/1, 648 to 656, 851 to 854, 859 to 862, 867, 869 to 871 and 872/1 situated in Ferozewala, District Sheikhupura with a consequential relict' that the appellant/defendant Alam Khan be restrained permanently from asserting himself to be the owner of the suit-land or to deny the title of the respondent/plaintiff and further he be restrained not to interfere in the possession of the respondent/plaintiff. It was further prayed by the respondent/plaintiff that it be also declared that Mutation No.2788 of the Revenue Estate Ferozewala, was inoperative against (be rights of the respondent/plaintiff and that the appellant/defendant had no share hi the land owned by the respondent/plaintiff in Khata No.263 of 1976-77 in Revenue Estate Ferozewala of which the appellant was sole owner. 3. The appellant/defendant filed written…

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