Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,78,79

Law: Qanun-e-Shahadat (10 of 1984)

Section: 17,78,79

Law: Limitation Act, 1908

Section: 142,144

(a) Specific Relief Act (I of 1877)-------S. 42---Suit for declaration was dismissed concurrently---Contention of the plaintiff was that his attorney had fraudulently sold the land to the defendants---Validity---Neither party had denied that the suit-land was given to the plaintiff in lieu of his land in his village---Claim of the defendant was that the attorney of the plaintiff had sold the suit-land to the other defendant who had alienated the same to him whereas the plaintiff contended that the attorney had committed forgery in connivance with the defendants---Alleged attorney had denied that he had signed the alleged sale-deed and according to the record of the Development Authority the plaintiff was the owner of the suit-land; and that the onus to prove the sale shifted on the beneficiary and it became incumbent upon him to prove that he had purchased the property from its lawful owner against consideration---Other defendant who claimed to be a bona fide purchaser of suit property failed to make any effort to know as to who was the real owner of the property and he had neither produced the original sale-deeds or marginal witnesses; and as such did not appear to be a bona fide purchaser---Sale-deed allegedly made by the attorney was a result of fraud, and was invalid, as well as void ab initio---When basic sale-deed was void, the subsequent sale-deed would also be void as where the basic document was not proved, and declared null and void; the whole structure, whatsoever, built upon the same would automatically collapse---High Court set aside orders of the courts below and decreed the suit of the plaintiff---Revision was allowed, in circumstances. (b) Sale-deed--- ----Void deed---Proof---When basic sale-deed was void, the subsequent sale-deed would also be void as when the basic document was not proved, and declared null and void; the whole structure, whatsoever, built upon it would automatically collapse. (c) Limitation Act (IX of 1908)--- ----Arts. 142 & 144---Specific Relief Act (I of 1877), S.42---Suit for declaration of title---Limitation---Limitation in the case of alleged fraud, would start from the date of knowledge---Cause of action accrued to…

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