Law: Specific Relief Act, 1877

Section: 42,54

Law: Punjab Land Revenue Act, 1967

Section: 42

Specific Relief Act (I of 1877)--- ----Ss. 42 & 54---Punjab Land Revenue Act (XVII of 1967), S. 42---Suit for declaration---Mutation of sale, vires of---Fraud---Plaintiff assailed sale mutation in favour of defendant on ground of fraud---Suit was dismissed by Trial Court but Lower Appellate Court decreed the same in favour of plaintiff---Single Judge of High Court maintained and decree passed by Lower Appellate Court---Validity---Mutation by itself did not create title unless demonstrated to be backed by a valid transaction---Sale without vendor or by his duly authorized attorney/agent was a farce---Objection to limitation was beside mark in as much as reference to instituting a suit for possession through pre-emption by no other than plaintiff herself was a far cry as well and nothing was placed on record throughout proceedings before courts below to obliquely suggest that plaintiff ever instituted any suit for same piece of land---Documents placed for first time before Supreme Court were also devoid of relevant details--- Supreme Court declined to interfere in the matter as transaction in question was found with strappings of deceit---Fraud had vitiated both solemn proceedings and period of limitation did not embargo a justiciable claim directed against fraud---Appeal was dismissed in circumstances. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, J.--- Mst. Zainab Bi, respondent herein, had been non-suited by a learned Civil Judge, at Kahuta vide judgment and decree dated 17.5.2006; praying for a declaration, she disputed vires of mutation No.596 dated 14.8.1970, purportedly entered in consequence of a sale effected by her father, Alif, incapacitated by paralysis, in favour of appellants' predecessor-in-interest; alleging fraud, she prayed for consequential reliefs. A learned Additional District Judge vide judgment and decree dated 22.5.2008, reversed the findings returned by the learned Trial Court and decreed the suit, a decision subsequently affirmed by a learned Judge-in-Chambers of Lahore High Court Rawalpindi Bench Rawalpindi, being assailed, by leave of the Court, on a variety of grounds, ranging from a duly mutated valid transaction, expiry…

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