' SAAD SAOOD JAN, J.--One Allauddin died in India leaving behind some agricultural property. He was survived by a widow, Mst. Bassan, and a daughter Mst. Fatima Bibi. On 8-1-1953, a mutation of inheritance was attested. According to the mutation, Mst. Bassan was entitled to 1/8th share and the respondent to 7/8th share in the estate of Allauddin. Consequently, allotments were made in their favour in that proportion. Subsequently, Mst. Bassan also died and her share was also mutated in favour of the respondent. The petitioners claim to be the collaterals of Allauddin in the fourth and fifth degree. In 1979, they brought a suit claiming a share in the property of Allauddin.
The trial Court rejected their plaint under Rule 11 of Order VII, Civil Procedure Code. They filed an appeal which was dismissed by the Additional District Judge. They then filed a revision petition in the High Court but this too met with no success. They now seek leave to appeal from this Court.
2. After hearing the learned counsel for the petitioners, we do not think that this is a fit case where leave should be granted. They kept quiet for more than 26 years before raising their claim in the inheritance of Allauddin. They could, if they wished, take up the matter before the Re-habilitation and Resettlement authorities. Had they done so, their claim would have been considered on merits.
We would accordingly dismiss this petition. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.