Law:

Section:

Specific Relief Act (I of 1877)--- ----S.42---Constitution of Pakistan (1973), Art.185(3)---Ownership of land---Entitlement to legal shares---Trial Court held the plaintiffs as legal heirs of the deceased owner of the suit-land but dismissed the suit on the ground of limitation---Judgment and decree passed by the Trial Court was upheld by Appellate Court but High Court in exercise of revisional jurisdiction, after appreciating the entire record, had allowed the plaintiffs their 1/6th share in the land in dispute---Validity---Defendant failed to point out any illegality or irregularity in the judgment passed by the High Court---Supreme Court declined to interfere with the judgment passed by High Court---Leave to appeal was refused. JUDGMENT TANVIR AHMED KHAN, J. ---Leave to appeal is sought against the order dated 28-6-1999 passed by a learned Single Judge of the Lahore High Court, Lahore, whereby Civil Revision No.613-D of 1985 filed by the -Respondents was partly accepted setting aside the determinations of the two Courts below and allowing them 1/6th share in the suit-land. The facts briefly narrated are that the -Respondents filed a declaratory suit claiming themselves as owners of the land in dispute to the extent of 16 Kanals, 6 Marlas out of the total land measuring 97 Kanals, 9 Marlas through inheritance. The -Petitioner defendant Mst. Fatima had a life estate in the said land based on custom. It was case of the -Respondents that upon the termination of such life estate and enactment of Muslim Personal Law (Shariat) Application Act, 1962, they became entitled to inherit 1/6th share of the land in dispute which belonged to Hasham as its last full owner. The above suit was resisted by…

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