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Specific Relief Act (I of 1877)--- S.42 Suit for declaration of title Inheritance Plaintiffs as widow and daughter of deceased claimed right of inheritance in his legacy Defendant denied Nikah of widow with deceased Trial Court dismissed suit Appellate Court accepted appeal by holding that widow having been divorced before death of deceased was not entitled to inherit his property, while his daughter was entitled to inherit to the extent of ½ share Such findings of fact as affirmed by High Court did not suffer from misreading or non reading of any material piece of evidence Supreme Court dismissed petition and refused leave to appeal. JUDGMENT MUNIR A. SHEIKH, J. This petition is directed against the judgment dated 30 1 2003 of the Lahore High Court, through which revision petition filed by the petitioners has been dismissed. 2. The dispute relates to inheritance of Mohabat who died in 1954, who was owner of land measuring 135 Kanals; 10 Marlas in dispute. On 11 8 1955, a mutation was sanctioned of his inheritance in favour of the predecessor in interest of the present petitioners as collateral. In 1957 an appeal was filed, by respondents Nos. l and 2 before the Collector against the said mutation who claimed that they were daughter and widow, respectively of Mohabat deceased but were let out from inheritance illegally. This appeal was accepted and the case was remanded to the Revenue Officer for fresh decision of the said mutation who after remand confirmed the previous mutation through order dated 19 8 1957. 3. The respondents on 4 10 1989 filed suit for declaration that they were also owners of the land jointly with the petitioners to the extent of 5/8 share: It was contested on the ground of limitation and merits also. The case of the respondents Nos. 1 and 2 was that they were daughter and widow respectively of Mohabat deceased as such were entitled to inherit his property whereas plea of the petitioners was that Chiragh Bibi was never married to Mohabat, therefore, she was not his widow and he had no daughter. 4. The trial Court dismissed the suit of respondents through judgment dated 31 7 1993 against which appeal filed by them was accepted through…

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