Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---Civil Procedure Code (V of 1908), S.115---Suit for declaration---Plaintiffs filed suit for declaration stating therein that they were entitled to the inheritance of their grand father and that they were ignored and deprived of their inheritance at the time of sanctioning the mutation---Trial Court dismissed the suit, but Appellate Court having decreed the suit, defendants had filed revision against and decree passed by the Appellate Court-Validity-Plaintiffs were undeniably legal heirs of deceased and they could not be non-suited on the ground of limitation as in the matter of inheritance no limitation would run as regards the merit of the case---One of the defendants who was also one of the beneficiaries of the mutation, had admitted in his written' statement that plaintiffs being legal heirs, were entitled to the inheritance of deceased---Record had proved that the plaintiffs were the legal heirs of deceased---Appellate Court had thus, rightly concluded after appreciating, evaluating and scanning all the evidence available on the file that the plaintiffs were minors at the time of sanctioning the mutation impugned herein, and that they had been condemned unheard---Even otherwise, leaving all the technicalities, if involved in the matter, once a Muslim was proved and declared the legal heir of the deceased, he was entitled to inherit from the legacy left by the deceased---Counsel for defendants could not point out any jurisdictional defect, legal infirmity, material irregularity, misreading or non-reading of evidence with the findings recorded by the Appellate Court below---Well reasoned findings recorded by the Appellate Court below, could not be interfered with in revision. (b) Islamic law--- ----Inheritance---Once a Muslim was proved and declared the legal heir of the deceased, he was entitled to inherit from the legacy left by the deceased. Ch. Dost Muhammad Kahoot for Petitioners. Mubeen Ahmad Siddiqui for Respondents Nos.2 and 3. Ch. Wali Muhammad for Respondent No.1. ORDER ALI AKBAR QURESHI, J.----This civil revision is directed against the judgment and decree, dated 13-5-2008 and 12-12-2005' passed by…

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