Law: Limitation Act, 1908

Section: 3

Law: Specific Relief Act, 1877

Section: 27(b),42,54

Law: Transfer of Property Act, 1882

Section: 41

Law: Qanun-e-Shahadat (10 of 1984)

Section: 92

(a) Limitation Act (IX of 1908)--- ----S.3---Suit for declaration and injunction---Maintainability---Limitation--- Scope--- Plea raised by defendant was that suit was not maintainable as it was barred by limitation--- Validity--- Limitation was a mixed question of fact and law, particularly where question of law was dependent on determination of other issues--- Plaintiff should not be non-suited unless either there was incriminating evidence against plaintiff that his claim was a time barred one or the issue could be decided on the basis of undisputed record. (b) Specific Relief Act (I of 1877)--- ----Ss. 27(b),42 54--- Transfer of Property Act (IV of 1882), S.41--- Qanun-e-Shahadat (10 of 1984), Art. 92--- Suit for declaration and injunction--- Transfer by ostensible owner--- Bona fide purchaser for valuable consideration without notice--- Plaintiff claimed to be owner of suit property and alleged that transfer of the same in favour of defendants was result of fraud---Validity---Defendants produced conveyance deeds in support of their pleas that they had purchased respective subdivided plots through a valid registered instrument--- One of the defendants also produced lease in favour of other defendant issued by Defence Housing Authority--- Both defendants could not be contradicted by plaintiff who could not challenge documents exhibited by defendants which were Transfer order; approved building plan; completion certificate; and subsequent transfer order, all documents issued by public offices--- Such documents were public documents and their authenticity was not challenged, therefore, genuineness as contained in Art. 92 of Qanun-e-Shahadat, 1984, and the same was attracted to documents so exhibited--- Both defendants were bona fide purchasers for value without notice was relevant--- Such principle was developed by Courts while expounding S. 41 of Transfer of Property Act, 1882 27(b) of Specific Relief Act, 1877--- Suit was dismissed in circumstances. Baja through L.Rs. and others v. Mst. Bakhan and others 2015 SCMR 1704; Shamshair Ali v. Mukhtiarkar (Revenue) and City Survey Officer and 2 others 2016 CLC Note 22; Shahnawaz Mallah and 2 others v. Raza Muhammad…

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