Law: Specific Relief Act, 1877

Section: 42

Law: Limitation Act, 1908

Section: 120

Specific Relief Act (I of 1877)--- ----S. 42---Limitation Act (IX of 1908), Art. 120---Suit for declaration---Limitation---Gift mutation---Proof of---Contention of plaintiff was that impugned gift mutation was got attested fraudulently---Suit was dismissed concurrently---Validity---Donor in his lifetime had gifted entire property to his legal heirs---Defendants had produced Patwari Halqa who entered impugned mutation as well as Revenue Officer who attested the same---Plaintiff had challenged the impugned mutation after sixteen years---Impugned mutation was within the knowledge of plaintiff from the very first day of its attestation---Limitation for such like case would be governed by Art. 120 of Limitation Act, 1908---Plaintiff was required to file the present suit within the period of six years from the date of attestation of mutation in question---Present suit was barred by time, in circumstances---Impugned s and decrees passed by the Courts below were based on proper appreciation of evidence and material available on record---Revision was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: SYED MUHAMMAD ATTIQUE SHAH, J.--- The instant revision petition has been filed by the petitioner against the impugned judgment and decree dated 07/06/2008 passed by learned Additional District Judge-III, Haripur, whereby, his Appeal was dismissed against the judgment and decree dated 20.11.2006 passed by learned Civil Judge, Haripur vide which the suit of the petitioner was dismissed. 2. Brief facts leading to filing of present revision petition are that the petitioner brought a suit for declaration and permanent injunction against the respondents in the court of Senior Civil Judge Haripur, wherein, the learned trial court summoned the respondents, who appeared and contested the said suit by submitting their written statement. Later, after framing issues arising out of the divergent pleadings of the parties the learned trial court recorded evidence of the parties and after hearing arguments of the learned counsel the suit of the petitioner was dismissed vide impugned judgment and decree dated 20/11/2006. The said findings of the leaned trial court were challenged by…

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