Law:

Section:

Limitation Act (IX of 1908)-------Arts. 44 & 120 & S. 3---Specific Relief Act (I of 1877), S. 42---Suit for declaration---Attestation of mutation during the period of minority---Limitation---Scope---Contention of plaintiff was that he was minor at the time of attestation of mutation and same was liable to be set aside---Suit was decreed concurrently---Validity---Plaintiff became major on 5-1-1989 and he was bound to file suit within three years on attaining the age of majority i.e. 18 years---Suit should have been filed on or before 4-1-1992 but same was filed with a delay of 13 years 8 months and 9 days---Both the courts below did not record correct findings on the issue of limitation---Suit of plaintiff was barred by time and same should have been dismissed on the issue of limitation---Fresh cause of action on incorrect entry in the Jamabandi would be for such a person who was in possession of the property as an owner---Defendants were in possession of suit property---Trial Court was bound to first decide the issue of limitation and if suit was within time then to proceed to adjudicate the same on merits---Claim of plaintiff was not supported by the evidence on record---Judgments and decrees of both the courts below were illegal which were not sustainable in the eye of law---High Court had revisional jurisdiction to rectify the error committed by the courts below---Impugned s and decrees passed by both the courts below were set aside and suit was dismissed---Revision was accepted in circumstances. Pir Wali Khan's case 2013 MLD 1106; Muhammad Hanif's case 2003 MLD 568; Buland Khan's case PLD 1979 Lah. 237; Abdul Waheed's case 2013 CLC 1737 and Wali's case 1995 SCMR 284 rel. JUDGMENT YAHYA AFRIDI, J.---This revision petition is directed against the judgment and decree dated 20-3-2010, passed by learned District Judge, Charsadda, whereby the appeal of the petitioners was dismissed and the judgment and decree dated 20-6-2009 of the learned Civil Judge, Charsadda, vide which the suit of the respondent was maintained. 2. Brief and essential facts of the case are that Ibrahim, plaintiff-respondent instituted a suit against Siyar Khan etc:, inter alia, to the…

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