1. MUHAMMAD HALEEM, C.J.--One Sohna possessed agricultural land measuring 167 Kanals 11 marlas in the revenue estate of Mahaal Kotli, Tebsil Pasroor, District Sialkot. He expired and left him surviving Nawaz, a son from his wife Resham Bibi and three. Other sons namely, Nasrullah, Jamadar and Sardar Khan from his second wife Nawab Bibi. Nasrullah died issueless in 1959, and in the mutation of inheritance No.1050 sanctioned on 12th of September, 1961, Nawaz was given a share in the inheritance of Nasrullah alongwith Jamadar and Sardar Khan. Jamadar also died issueless, and in the mutation of inheritance No.36 sanctioned on 27-10-1979, Nawaz and Sardar Khan the real surviving brothers of Jamadar were given equal shares. Sardar Khan appealed against the share of inheritance sanctioned in favour of Nawaz which appeal was compromised by the parties and withdrawn by Sardar Khan on 20th of January, 1980. Nawaz who had earlier filed the suit also withdrew it. Subsequently on 12 of June, 1980, Sardar filed a suit challenging both the mutations, but the suit was dismissed on the grounds of limitation and estoppel on 27th of June, 1987 against which the appeal succeeded and the decree was reversed in regard to both the mutations. Revision against this decision was dismissed by the High Court on 25th of June, 1989.
2. The learned counsel for the petitioner contends that he would not question the decree qua Mutation No.1050, dated 12-9-1961 as, according to him, Nawaz had no share in the property of Nasrullah. But so far as the other Mutation No.36 is concerned, the decree was erroneous as Sardar Khan himself had withdrawn the appeal on account of a compromise between himself and Nawaz which had assumed finality and could not be disturbed on the principle of spes successionis.th Accordingly, we would grant leave to appeal to the petitioner qua his share in Jamadar's inheritance recorded in Mutation No.36. The learned counsel further concedes that he would not press the question of limitation.
3. Security for costs Rs.2,500.
4. Status quo as to possession qua his share in Jamadar's inheritance, till the decision of the appeal.