Case Details

Citation(s)
2023 SLG 318 2023 SLD 318 2023 YLR 359
Sindh High Court
Criminal Jail Appeal No. S-147 of 2019 and M. As. Nos. 7604, 7605, 7606 of 2020, decided on 22nd March, 2021.
AFTAB AHMED GORAR, J

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HABIBULLAH and 2 others

VS

The STATE

Law: Specific Relief Act, 1877

Section: 42,8

Law: Limitation Act, 1908

Section: 120

(a) Specific Relief Act (I of 1877)--- ----Ss. 42, 8---Limitation Act (IX of 1908), Art. 120---Suit for declaration and possession---Limitation---Scope---Plaintiffs filed a suit for declaration, possession and mesne profits with a prayer that they were legal heirs of the owner of property and the defendant being in distress after his migration had obtained the property on rent but had subsequently got the suit property transferred in his name---Trial Court dismissed the suit whereas Appellate Court decreed the suit---Validity---Plaintiffs never had any title document in the name of their predecessor in interest---If the predecessor of plaintiffs had let out the property to the defendant then the proceedings were to be initiated under the law relating to…
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