MIAN SAQIB NISAR, J.--- Briefly stated the background of this case is that Muhammad Siddique alongwith his brother Muhammad Latif, inherited 36 Acres of land form Muhammad Sharif, their father; Muhammad Siddique died in the year 1943 and his share of 18 Acres was mutated in favour of Mst. Muradan and Mst. Saira, his two daughters; Mst. Muradan gifted 9 Acres of her land to Muhammad Latif, whereas, Mst. Saira sold the land inherited by her to various persons such as Abdul Haq, Faiz Rasool, Ghulam Mohyuddin, Muhammad, Ahman and Gama. Muhammad Latif, brother of Muhammad Siddique, challenged the aforesaid transactions and claimed that he as being the real brother of Muhammad Siddique, had inherited 1/3rd share in 9 acres of land, which had been transferred in favour of Mst. Saira; this suit was contested by Mst. Saira as also the transferees, but was decreed by the learned Civil Judge on 14.2.1963; this decree has not been assailed any further; thus on the basis of this decree, two mutations No. 584, for the land situated in Mouza Rakh Bohth and No. 1492 of Har do Bohth were sanctioned in favour of Muhammad Latif, on his application to the revenue authorities but for whole of 9 acres of land, whereas, it should have been to the extent of 1/3rd. Therefore, the present respondents as being the transferees of the property from Mst: Saira, brought the suit, challenging the aforesaid mutations; this suit was earlier dismissed but on appeal, the matter was remanded and on remand, the suit has been decreed on 26.9.1988; the appeal of the petitioners has also failed on 21.4.1996. .
2. According to the learned counsel for the petitioners , these mutations have been set aside in toto, whereas, those should have been kept intact to the extent of 1/3rd share of the property, which Muhammad Latif, admittedly acquired under the decree dated 14.2.1963 (Ex.P.1).
"3. When questioned, learned counsel for the respondents state that he has no objection, if the new mutation is sanctioned, according to which, one third share given to the legal heirs of Muhammad Latif, whereas the 2/3rd share is retained in favour of the vendees from Mst. Saira, in the light of the judgment of the learned Civil Judge, dated 14.2.1963 (Ex.P.1).
4. In view of the above obviously, there remains no grouse between the parties, resultantly, the original mutations are set aside, with the observation that new mutation shall be sanctioned by the revenue authorities strictly in the light of the judgment dated 14.2.1963 (Ex.P.1). Disposed of. .