GULZAR MUHAMMAD vs SARDAR MUHAMMAD Ss — 2021 CLC 303 PESHAWAR-HIGH-COURT

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GULZAR MUHAMMAD VS SARDAR MUHAMMAD Ss. 42 & 54---Suit for declaration, permanent injunction and possession---Limitation---Inheritance---Relinquishment deed---Proof of---Contention of plaintiffs was that they were entitled for grant of possession of suit property to the extent of their entitlement whereas defendants contended that plaintiffs had relinquished their share against consideration---Suit was partially decreed by the Trial Court but Appellate Court dismissed the same---Validity---Domestic partition of suit property between the brothers and relinquishment of his share by one the plaintiffs for a consideration had been established through oral as well as documentary evidence---Non-exhibition of relinquishment deed would make no difference in the present case---Payment of consideration had been made to the plaintiff by his brother who had relinquished his share from suit land---Findings of Appellate Court with regard to relinquishment of share in suit property by one of the plaintiffs were based on proper appreciation of evidence---Judgments of Courts below were silent with regard to entitlement of female plaintiffs---Relinquishment on behalf of one of the plaintiffs of his share in the legacy of predecessor did not affect the legal shares of female plaintiffs---Female plaintiffs could not be deprived of their rights in the legacy of their predecessor as they had not relinquished their shares or received consideration---Question of limitation did not come in the way of female plaintiffs as they had been deprived of their shares in the inheritance---Possession of co-owners i.e. brothers should be deemed to be joint possession of the parties---Female plaintiffs had recurring cause of action to challenge wrong entries in the revenue record---Impugned judgments and decrees passed by the Courts below were modified and preliminary decree was passed in favour of female plaintiffs---Revision was disposed of accordingly.

GULZAR MUHAMMAD vs SARDAR MUHAMMAD Ss — 2021 CLC 303 PESHAWAR-HIGH-COURT

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