Law:

Section:

Specific Relief Act (I of 1877)----S.42---Constitution of Pakistan (1973), Art. 185(3)---Declaration as to title over suit land---Plea raised by the defendant was that in presence of the plaintiffs, he had no right to inherit the suit land---Only grievance of the defendant was that the land allotted to predecessor-in-interest of the plaintiffs in lieu of her claim about land left in India was not the entire land which was subject matter of the suit---Land subject-matter of the suit also included the land owned by the defendant in his own rights---Plea raised by the defendant was that finding should have been given on such aspect of the case which was raised in High Court but was not given consideration on the ground that no specific plea to that effect was raised in the pleadings---Validity---As per entries in Revenue Record, High Court should have gone through the question as the plaintiffs themselves claimed to be entitled to inherit the land which was allotted against the claim of their predecessor-in-interest---Such claim of the defendant required further investigation and recording of evidence--¬Supreme Court converted the petition for leave to appeal into appeal and the case was remanded for decision afresh after recording further evidence---Appeal was allowed. JUDGMENT MUNIR A. SHEIKH. J.---The petitioner seeks leave to appeal against the judgment of the Lahore High Court, Lahore, dated 11-3-2002, whereby Civil Revision No. 1160-D of 1991 filed by the petitioner, has been dismissed. The dispute relates to land allotted to Mst. Kaily, a displaced person from India, against her verified claim. The claim was filed by the petitioner and the land was allotted to him in lieu thereof. The plaintiffs /respondents filed suit for declaration that Mst. Kaily was holding life estate in India after the death of her father Gulab, as such, she was a limited owner of the land in India, therefore, they were entitled to inherit the allotted land, as her legal heirs to the exclusion of the petitioner. It appears that all the Courts below assumed as if the dispute between the parties was .as to whether Mst. Kaili was full owner of the land to India or she was holding life…

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