Law:

Section:

(a) Specific Relief Act (I e1877)-------S.42---Constitution of Pakistan (1973), Art.185(3)---Islamic Law---Inheritance---Declaration of title---Limitation---Concurrent findings of fact by two Courts below---Right of co-sharer---Plaintiff and predecessor-in-interest of defendants were brother and sister---Disputed mutation of inheritance was attested in year, 1909, in favour of predecessor-in-interest of defendants only, excluding the plaintiff---Suit filed by plaintiff was dismissed by Trial Court but Appellate Court allowed the appeal and decreed the suit on the ground that father of plaintiff was governed by Shariat in the matter of inheritance---Judgment and decree passed by Appellate Court was maintained by High Court---Plea raised by defendants was that the suit was barred by limitation as it was filed after 70 years---Validity---Two Courts below correctly concluded that father of plaintiff was governed by Shariat in the matters of inheritance---Mutation of inheritance of father of plaintiff, attested in year, 1909 was not decided under custom, as such the mutation did not show that Revenue Officer had information that father of plaintiff left behind a daughter (plaintiff) as well---Such mutation was procured in favour of father of defendants, to the exclusion of plaintiff, by concealing the fact of existence of plaintiff---Plaintiff was proved to be the daughter of predecessor-in-interest of parties who was admittedly the last owner of land in dispute and was governed by Shariat in the matters of inheritance---Under Islamic Law of inheritance, the land automatically devolved on the plaintiff and her brother (father of defendants), the moment their father died---Was immaterial that ownership of plaintiff was not recorded in mutation of inheritance, as it was not a title document---Plaintiff was, therefore, a co-sharer in land in dispute to the extent of her share since very beginning thus the suit was not barred by time---Suit was rightly decreed by Appellate Court and High Court---Supreme Court declined to interfere with the s and decrees passed by two Courts below---Leave to appeal was refused. Ghulam Ali and 2 others v. Mst. Ghulam Sarwar Naqvi PLD 1990…

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