Law:

Section:

(a) Specific Relief Act (I of 1877)---.--- ---.---S. 42---.---Limitation Act (IX of 1908), Art. 120---.---Punjab Land Revenue Act (XVII of 1967), S. 42---.---Suit for declaration---.---Limitation---.---Sale mutation---.---Proof---.---Procedure---.---Contention of plaintiff was that he was owner of suit property and alleged sale mutation was result of fraud---.---Suit was decreed by the Trial Court but Appellate Court dismissed the same---.---Validity---.---Beneficiary of a document had to prove its valid execution after denial of the same by its executant---.---Defendants were bound to prove the valid execution of oral sale and mutation in question thereof---.--W.ritten statement and evidence were silent with regard to entrance of actual transaction i.e. oral sale as no date, time and place of the same had been mentioned---.---Nothing was on record as to when and where the possession of suit property was delivered to the defendants---.---Mandatory provisions of S. 42 of Punjab Land Revenue Act, 1967 were not followed in stricto sensu which had vitiated whole proceedings with regard to attestation of impugned mutation---.---Impugned mutation was result of fraud, forgery, impersonation and without consideration and was void---.---Limitation did not run against a void order---.---Present suit was within time---.---Impugned and decree passed by the Appellate Court were set aside and those of Trial Court were restored---.---Revision was allowed in circumstances. Aurangzeb through L.Rs. and others v. Muhammad Jaffar and another 2007 SCMR 236; Meraj Din v. Mst. Sardar Bibi and 5 others 2010 MLD 843; Muhammad Yaqoob through legal heirs v. Feroze Khan and others 2003 SCMR 41; Fida Hussain through Legal Heirs Muhammad Taqi Khan and others v. Murid Sakina 2004 SCMR 1043; Muhammad Iqbal and another v. Mukhtar Ahmad through L.Rs. 2008 SCMR 855; Bakht Baidar and another v. Naik Muhammad and another 2004 MLD 341; Mst. Hassan Bano v. Wali-ur-Rehman and 2 others 2007 SCMR 1344; Sughran Bibi v. Mst. Aziz Begum and 4 others 1996 SCMR 137; Muhammad Luqman v. Bashir Ahmad PLD 1994 Kar. 492; Sh. Fateh Muhammad v. Muhammad Adil and others PLD 2007 SC 460; Major (Retd) Barkat Ali and…

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