Law:

Section:

(a) Rehabilitation Settlement .Scheme, Part II, paras. 46 & 67 -Cases relating to succession to deceased right-holder-Mutation attested under para. 67 in presence of D one of the heirs without any objection--D subsequently filing declaratory suit in civil Court claiming to be sole heir of deceased right-holder-Held : question of inheritance in such case could be decided under. Rehabilitation Settlement Scheme and such matter within exclusive jurisdiction of Rehabilitation Authorities; such question could not be allowed to be agitated in civil Courts. Mst. Zainab v. Mst. Raji P L D 1960 S C 229 and Umar Daraz Ali v. Khurshid All P L D 1960 Lab. 834 ref. (b) Limitation Act (IX of 1908), S. 14 & Art. 120-Declaratory suit-Suit filed in 1962 to challenge order of mutation made in 1953-Period spent by plaintiff in prosecuting time-barred appeal against order-Could not be excluded in computing period of limitation under Art. 120-Suit, held, barred by limitation. (c) Specific Relief Act (1 of 1877), S. 42-Declaratory decree, suit for-Plaintiff able to seek further relief-Suit could not fail merely by reason of fact that consequential relief by way of possession not claimed-Court in such case should allow plaintiff to amend plaint by adding prayer for possession and paying appropriate ad valorem court fee, and granting him relief even though he had not specifically asked for it (obiter). Malik Muhammad Jafar, Advocate Supreme Court instructed by Muhammad Mehdi Anwar, Advocate-on=Record for Appellant. Azam Ali, Advocate Supreme Court instructed by Abid Ali Buttar, Advocate-on-Record for Respondents. Date of hearing : 6th July 1971. JUDGMENT HAMOODUR RAHMAN, C. J.-This appeal by special leave arises out of a suit for a declaration to the effect that the appellant was the sole heir of one Allah Bakhsh and that the respondents herein had no right to inherit from him. The said Allah Bakhsh, who was originally, a resident of Chak No. 16/GB, Tehsil Abob Garb, in Beekaneer State in India, migrated to Pakistan and was allotted 130 kanals and 16 marlas of land in village Tapiala Dost Muhammad, Tehsil Shahdara, District Sheikhupura. He died on 11th August 1952, without a…

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