ASLIYAT KHAN vs Mst — 2026 CLC 424 PESHAWAR-HIGH-COURT

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ASLIYAT KHAN VS Mst. SAEEDA Ss. 42, 8 & 54---Limitation Act (IX of 1908), S.3---Suit for declaration, permanent injunction and possession---Cancellation of inheritance mutation---Delay in challenging such mutation despite having knowledge---Effect---Limitation---Acquiescence of claimant---Estoppel---Scope---Claim of the petitioners was that his deceased brother died issueless and daughter (respondent No.2) was born out of the second marriage of wife (respondent No.1) of his deceased brother---Validity---Question of the parentage of respondent No.2 was never raised by the petitioners in the earlier suit instituted by respondent No.1 for recovery of dower against the petitioners etc., thus, petitioners by their conduct were estopped to question the parentage of respondent No.2---Not a single witness was produced by the petitioners to establish that respondent No.2 was born as a result of second marriage of respondent No.1---Evidence in the shape of school and NADRA record also revealed that the date of birth of respondent No.2 was recorded as 1997, whereas respondent No.1 contracted second marriage in the year 2005 and there was no rebuttal to that effect from petitioners' side---In the absence of any convincing and cogent evidence, the oral assertion of petitioners was not a valid and acceptable ground that respondent No.2 was not the daughter of the deceased brother of petitioners---Inheritance mutation was attested in 1999, whereas, suit was instituted by petitioners in 2016 i.e. after more than 17 years without giving any convincing justification, especially when respondent No.1 also claimed her dower through earlier suit in 2005---Not only the question of limitation was involved in the case, but petitioners through acquiescence had also weakened their stance while claiming the inheritance of their deceased brother---Petitioners failed to point out any flaw in the concurrent judgments of courts below---Revision petition was dismissed.

ASLIYAT KHAN vs Mst — 2026 CLC 424 PESHAWAR-HIGH-COURT

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