Law: Specific Relief Act, 1877

Section: 8,54

(a) Specific Relief Act (I of 1877)--- ----S. 8---Suit for possession---Nominee as legal heir, status of---Scope---Plaintiff (son) filed suit for possession, mesne profits and permanent injunction claiming therein that suit property was purchased by his father; that he was nominated as legal heir and that after the death of his father suit property was transferred in his name therefore the defendants had no right to retain possession---Validity---Nominee had no superior legal rights except to what he had his own rights under the personal law of inheritance---Nominee could only represent all the legal heirs, as such he/she did not become an owner by virtue of being appointed as nominee---Nominee had no right to claim exclusive possession---Suit was dismissed with costs. Mst. Amatul Habib v. Mussarat Perveen PLD 1974 SC 185 and Fazal Shah v. Mohammad Deen I990 SCMR 868 ref. Manzoor Ahmad v. Salman Bibi 1998 SCMR 388 rel. (b) Specific Relief Act (I of 1877)--- ----S.54---Suit for permanent injunction---Limitation--- Scope---No bar of limitation exists for the suit filed in response to the defendant challenging possession and legal entitlement of plaintiff to the suit property and plaintiff not claiming anything in adversity. JUDGMENT MAHMOOD AHMED KHAN, JUSTICE:---.--- These two suits concerning the same parties and the same property were being heard together and as such are taken up to be decided under the same order, however, versions of the parties are taken and separate details are discussed. 2. Suit No. 713/2007 filed by Muhammad Umar Godil (hereinafter referred to as the plaintiff) for possession, mesne profit and permanent injunction against defendants Mst. Bilqees Bano Amin Godil, Mst. Farida Amin Godil, Mst. Sher Bano Amin Godil (hereinafter referred to as the said ladies) and the Kathiawar Cooperative Housing Society Ltd. It is alleged in the plaint that father of the plaintiff purchased five shares bearing Nos. 881 to 885 from defendant No.4 and nominated the plaintiff as a legal heir being head of the family for transfer of plot, whereby the said defendant allotted plot bearing No.251, Block-B, Adamjee Nagar, Kathiawar Cooperative Housing Society…

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