Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Suit for declaration and permanent injunction---Plaintiffs asserted that their father transferred suit-land through Tamleek in their favour and that defendants, in collusion with the revenue officials, got mutation of Tamleek attested in their favour fraudulently against the actual Tamleek---Trial Court decreed the suit---Appellate Court dismissed same in appeal on technical grounds---Validity--Appellate Court was not justified to dismiss the appeal on technical grounds vis-a-vis pro forma respondents who had not assailed the decree---Appellate Court was bound to decide the appeal on merits---Case was remanded to Appellate Court with direction to decide the appeal afresh on merits. JUDGMENT MUHAMMAD KHALID MEHMOOD KHAN, J.--- This civil revision has been directed against the judgment and decree passed by the learned District Judge, Depalpur on 30-9-2000. Briefly stated the facts of the case are that Mst. Khurhsid Bibi etc. daughter of Muhammad Sadiq filed a suit for declaration and permanent injunction against Muhammad Sadiq son of Khuda Bukhsh and their three brothers to the effect that the plaintiffs and the defendants Nos.2 to 4 are real brothers and sisters and defendant No.1. Muhammad Sadiq son of Khuda Bukhsh is their father who transferred land measuring 34 Kanals, 12 Marlas through Tamleek in their favour. The plaintiffs asserted that the defendants Nos.2 to 4 in collusion with the revenue officials got mutation of Tamleek No.1118 attested on 10-9-1985 in their favour fraudulently against the actual. Tamleek. According to Tamleek Muhammad Sadiq, transferred his land measuring 34 Kanals, 12 Marlas in favour of his three daughters and three sons, but the three sons, the defendants No.2 to 4 with the collusion of revenue officials fraudulently got the entire land transferred in their favour through impugned Mutation No.1118. The plaintiffs prayed that it be declared that the plaintiffs are the owner of their share in the property which was transferred to them by their father and the Mutation No.1118 may be ordered to be cancelled to the extent of their share. The father Muhammad Sadiq was also impleaded as…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492