Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 8 & 42---Suit for declaration and possession of share in the property left by the deceased owner---Defendants who were residing with their father in his. life time even after their marriage and remained in actual possession of the property left by father, denied the heirship of other daughters of deceased including the plaintiffs and claimed exclusive ownership of the devolved property---Plaintiffs filed suit for their share in the property, which having concurrently been decreed by the Trial Court and Appellate Court---Defendants claimed ouster of the plaintiffs from heirship on the basis of gift in their favour by the father in his life time, but at the stage of recording their statements they converted their plea of gift into "Dukhtaran Khana Nisheen" claiming under custom---Father of the parties died in the year 1997-98 and at that time Islamic law of inheritance was prevailing- in the area and was continued---Father of the parties was owner of property in question upto the point of death and after his death his property had devolved to legal heirs and it was joint property---Unless a strong and popular plea was proved contrary to Islamic law i.e. gift, custom or sale of the property by the father in his life time, parties were legal heirs of the deceased father---Defendants had failed to prove the plea of "Dukhtar Khana Nasheen" under custom contrary to plea of gift taken in their written statement upto the standard fixed by the superior courts to prove such custom, which was derogatory of Islamic law of inheritance---Impugned concurrent s and decrees of the courts below, were upheld, in circumstances. 2006 CLC 1614 ref. Muhammad Hussain Shehzad and Latif Shah for Petitioners. Ehsan Ali for Respondent. JUDGMENT MUZAFFAR ALI, J.---Through this revision petition, the petitioners assail impugned concurrent decrees dated 2-9-2006 passed by learned Additional District Judge, Ghizar and 16-12-2003 passed by the learned Civil Judge, Punjab wrapped with the facts that the parties to the revision along with the two other ladies Mst. Jeelnama and Forhat Nama are real sisters inter se having equal shares in hereditament…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492