Law: Limitation Act, 1908

Section: 142

Law: Civil Procedure Code (V of 1908)

Section: 6

Law: Specific Relief Act, 1877

Section: 8,39

Limitation Act (IX of 1908)--- ----Art. 142---Civil Procedure Code (V of 1908), O.VII, R. 6---Specific Relief Act (I of 1877), Ss. 8 & 39---Suit for possession and cancellation of sale-deed---Sale deed executed during period of minority of plaintiff---Limitation---Commencement of---Contention of plaintiff was that he was minor at the time of execution of sale deed---Suit was decreed by the Trial Court against which appeal was dismissed---High Court upheld s of Courts below---Validity---Plaintiff was aware of the possession of the suit property by the defendants---Plaintiff was bound to file the suit within a period of twelve years from the date of attaining majority---Nothing was on record as to how plaintiff got knowledge of impugned sale deed---Present suit had been filed after more than fifty years from execution of sale deed---Nothing was on record that plaintiff ever tried for restoration of his possession over the suit land---Plaintiff should have mentioned in the plaint the grounds for exemption from delay in filing of suit but no such element had been mentioned in the same---Suit was time-barred, in circumstances---Impugned s and decrees passed by the Courts below were set aside---Suit filed by the plaintiff was dismissed---Appeal was allowed, in circumstances. Nazeerullah Shah Gardezi v. Jammu and Kashmir Liberation Cell and 6 others 2015 SCR 458; Muhammad Jamroze v. Raja Muhammad Sabir and another 2016 SCR 1150 and Muhammad Anwar Khan and 56 others v. Muhammad Sarwar Khan 8 others 2017 SCR 733 ref. Lal Begum and 26 others v. Qayyum Khan and 6 others 2016 SCR 107; Kh. Muhammad Shafique and another v. Mahmooda Bibi and 2 others 2016 SCR 493; Muhammad Sadiq v. Muhammad Rafique and 19 others 2016 MLD 2050 and Muhammad Siddique Khan and another v. Zareen Khan 2016 SCR 1712 distinguished. JUDGMENT RAJA SAEED AKRAM KHAN, JUSTICE:---.--- The titled appeal, by leave of the Court, arises out of the judgment and decree passed by the High Court on 29.12.2018, whereby the appeal filed by the appellants, herein, has been dismissed. 2. The succinct facts forming the background of the case in hand are that the predecessor of respondents Nos.1 to 7, herein, filed…

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