Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration of title---Limitation---Knowledge of mutation---Proof---Plaintiffs assailed mutation of I4nd in question in favour of defendants, which was alleged to have been attested on the basis of fraud---Judgments and decrees in favour of plaintiffs, passed by two Courts below were set aside by High Court in exercise of revisional jurisdiction---Validity--Plaintiffs filed suit on 20-9-1989 for cancellation of allotment of land in question in favour of defendants on 17-12-1956---Plaintiffs' predecessor-in-interest expired sometime in year, 1951, and since year, 1951 till year, 1989, when the suit was filed, there was nothing on the record to show as to what steps were taken by plaintiffs for the purpose of protecting their interest, in respect of land in question---No averment was made as to how and when disputed mutation first came to the knowledge of plaintiffs except making a vague averment without any particular as to when and how plaintiffs came to know about the mutation of land in question in favour of defendants and what steps were taken by them to protect their interest nor any particular had been given if land in question was allotted to them and what they did to take possession of the same and why they kept quiet for a period of 28 years---Plaintiffs not only failed to prove that defendants had committed fraud in mutation of land in question in their favour in year, 1956 and that the suit filed by plaintiffs was in time---Mutation was effected on 17-12-1956 whereas suit for cancellation was filed in 20-9-1989, and the same was hopelessly barred by time---High Court had rightly dismissed the suit filed by plaintiffs---Appeal was dismissed. Gul Zarin Kiyani, Senior Advocate Supreme Court and M.S. Khattak, Advocate-on-Record for Appellants. Dr. A. Basit, Senior Advocate Supreme Court for Respondents. Date of hearing: 11th November, 2010. JUDGMENT KHILJI ARIF HUSSAIN, J.---This appeal under Article 185(2)(d)(e) of the Constitution of the Islamic Republic of Pakistan, 1973, has been filed against the judgment and decree dated 26-10-2005 whereby learned Single Judge in Chambers of the Lahore High…

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