Law:

Section:

(a) Specific Relief Act (I of 1877)--- ----Ss.8 & 42---Suit for recovery of possession, declaration and mesne profit---Gift---Proof---Limitation---Admission by defendant's witness---Effect---Production of gift deed---Effect---Plaintiff filed suit for declaration, recovery of possession and mesne profit against defendant who was his father's real brother---Father of plaintiff had inducted defendant as licensee and after his demise when plaintiff asked him to vacate suit property he requested for two years' time---After lapse of two years, plaintiff served a legal notice and when it had not been responded, the suit was instituted---Defendant contested the suit mainly on ground that suit property was gifted to him by his brother and he had constructed house on suit property from his own resources---Gift deed was also produced by defendant---Defendant raised objection on ground of limitation that suit was instituted after lapse of thirty eight years of drawing of gift deed---Defendant stated details of remittances he had sent for construction, while he was abroad, in his pleadings---Defendant's son had appeared as witness for defendant and admitted that remittances sent from abroad were for house hold expenses in year 1976---Defendant's son had also admitted that he was born in the house constructed on suit property in year 1976---Trial Court decreed suit of plaintiff---Validity---Admission of defendant's son that he was born in house constructed on suit property proved it beyond doubt that family of defendant was already residing in the suit property and remittances receipts were for household expenses---Suit was not barred by limitation, since it was not instituted for cancellation of gift deed and even other-wise gift deed was produced by defendant for first time in evidence to support his claim---Courts below were justified in not believing contention of defendant---Appeal was dismissed, in circumstances. Amroo Khan v. Dhanney Khan 1994 CLC 519; Australasia Bank Ltd. v. Mangora Textile Industries 1981 SCMR 150; Nishadah Begum v. Muhammad Ayub Khan PLD 1988 SC AJ&K 203 and Abdul Manan v. Sikandar Khan 1992 CLC 505 ref. (b) Specific Relief Act (I of…

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