Law:

Section:

Specific Relief Act (I of 1877)--- ----S. 42---Limitation Act (IX of 1908), Art.120---Declaration of title---Limitation---Plaintiff assailed sale of suit-land made by his brother in favour of vendees---Trial Court decreed the suit but Lower Appellate Court allowed appeal and dismissed the suit---Validity---Registered sale-deed was attested on 20-2-1968, possession of suit-land was delivered to vendees at the same time and alienation was also incorporated in revenue record through mutation attested on 27-8-1968---Vendees also entered into exchange of suit-land with defendants vide mutation dated 5-2-1969, including exchange of possession---Knowledge of plaintiff with regard to transaction in question from the very outset could not be doubted---In terms of Art. 120 of Limitation Act, 1908, plaintiff could have challenged the transaction with a stipulated period of six years from the date of registration of sale in question which was 20-2-1968, whereas suit was lodged by him on 21-2-1975, after about seven years of accrual of cause of action---Suit filed by plaintiff was barred by limitation and findings of Lower Appellate Court in such regard were salutary leaving no scope for interference---High Court did not find any legal or factual infirmity in the and decree passed by Lower Appellate Court---Second appeal was dismissed in circumstances. Mst. Aisha Bibi v. Nazir Ahmad and 10 others 1994 SCMR 1935 ref. JUDGMENT ABDUS SATTAR ASGHAR, J.---This Regular Second Appeal under section 100 of Code of Civil Procedure 1908 is lodged against the judgment and decree dated 23-1-1980 passed by learned District Judge Sargodha whereby judgment and decree dated 12-7-1979 passed by learned Civil Judge Bhalwal was reversed and the appellant's suit for declaration etc. was dismissed. 2. Succinctly the facts leading to this Regular Second Appeal are that the appellant lodged a suit for declaration etc. to the effect that the registered Sale-deed No.64 dated 20-2-1968 pertaining to the land measuring 40-1/4 Kanals as detailed in the plaint situated at Mouza Ghalapur Tehsil Bhalwal as per record of rights for the year 1962-1963 executed by Inayat respondent No.6 in favour of…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492