Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 42 & 8---Limitation Act (IX of 1908), Arts. 120 & 142---Civil Procedure Code (V of 1908), O. VII, R. 3---Suit for declaration and possession---Limitation---Suit where besides declaration, possession had also been sought should be filed within 12 years from the date of dispossession---Plaintiffs were bound to prove their earlier possession and subsequent dispossession within 12 years but in the present case, they had failed to do so---Suit of the plaintiffs was barred by time---Suit/appeal/application or any proceeding brought beyond limitation should be dismissed irrespective of the fact the limitation had not been pleaded as defence---Incompetent suit must be buried at its very inception---Claim of plaintiffs was based on a decision passed in a previous suit---Such did not mention the boundaries of disputed property and the fact that property in question was the same which was now subject-matter between the parties---Said had not established whether possession was delivered to the plaintiffs or not and defendants were in possession---Plaintiffs were bound to specify the date of their dispossession by showing their earlier occupation but they had failed---Evidence available on record was contrary and conflicting with the statement recorded by the plaintiffs---Plaint did not contain boundaries of suit property nor any survey number had been mentioned---Statements of witnesses produced by the plaintiffs were divergent, conflicting and contradictory with each other qua the measurement, period of occupation of land by the defendants---Trial Court was left with no other option except to dismiss the suit---No misreading, non-reading or misappreciation of evidence was available on record---No illegality or irregularity could be pointed out by the plaintiffs---Appeal was dismissed in circumstances. Hakim Muhammad Buta and another v. Habib Ahmed and others PLD 1985 SC 153 and S.M. Shafi Ahmad Zaidi through Legal Heirs v. Malik Hassan Ali Khan (Moin) through Legal Heirs 2002 SCMR 338 rel. Mujeeb Ahmed Hashmi for Appellants. Syed Ayaz Zahoor and Abdul Aziz Khilji, A.A.-G. for Respondents. Date of hearing: 18th March, 2013.…

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