Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 18 & 42---Civil Procedure Code (V of 1908), S.11 --- Suit for declaration---Defendant sold land to plaintiff out of land, which she claimed to have inherited from her deceased father as his sole daughter--­Defendant's entitlement and sale in favour of plaintiff was challenged by collaterals of deceased on the ground that neither deceased was "Shia" by faith nor she was his daughter---Supreme Court on 18-8-1991 had declared defendant to be entitled to half of inherited land---Plaintiff filed suit on 19-12-1991 seeking declaration that he was owner of suit-land by virtue of sale-deed executed by defendant---Defendant while denying factum of sale raised plea of limitation and res judicata---Trial Court dismissed suit, but Appellate Court decreed same---Validity---Parties had jointly contested earlier suit filed by collaterals---Defendant had not denied factum of sale in favour of plaintiff in written statement jointly filed by them in collaterals' suit, wherein she while appearing as witness had admitted such sale---Suit instituted by plaintiff for recognition and perfection of his right and title on basis of sale-deed could not be regarded as time-barred as same had been filed just after passing of by Supreme Court in collaterals' suit---Principle of res judicata could not be applied to parties---Appellate Court had, on correct appreciation of evidence, decreed suit, which did not warrant interference by High Court in revisional jurisdiction---High Court dismissed revision petition in circumstances. Mst. Hussain Jan and 5 others v. Mst. Channo Bi 1990 CLC 1591; Manzoor Ahmed v. Haji Hashmat Ali through Legal Heirs 2000 CLC 419; Abdul Majeed and 6 others v. Muhammad Subhan and 2 others 1999 SCMR 1245; Muhammad Arshad and another v. Mst. Firdausia Begum and 4 others 1994 CLC 1967; Zaighum Salim Khan v. Muhammad Salim Khan and another 1992 MLD 1338; Ziauddin Rafi v. Muhammad Khan and others PLD 1962 (W.P.) Lah. 321 and S. Sibtain Fazli v. Star Film Distributors and another PLD 1964 SC 337 ref. Syed Sohail Abbas and Ghulam Sabir for Petitioner. Ch. Abdul Majid for Respondents. Date of hearing: 24th January, 2003. JUDGMENT…

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