| Citation(s) |
|---|
| 2012 SLG 2711 2012 SLD 2711 2012 YLR 2949 |
Sindh High Court
Second Appeal No. 5 of 2008, decided on 7th October, 2010
SYED ZAKIR HUSSAIN, J
Riaz Ahmed Khan for Appellants. Ghazanfar Ali and Ms. Tabassum Ghazanfar for
Respondent
Second Appeal No. 5 of 2008, decided on 7th October, 2010
SYED ZAKIR HUSSAIN, J
Riaz Ahmed Khan for Appellants. Ghazanfar Ali and Ms. Tabassum Ghazanfar for
Respondent
Syed MUHAMMAD RAZA and another
VS
ZAHOOR AHMED
Law:
Section:
Limitation Act (IX of 1908)--- ----Art. 142---Specific Relief Act (I of 1877) S. 8---Suit for possession of immovable property was decreed concurrently---Limitation---Contention of the defendant was that he took possession of the suit property in the year 1978 whereas the suit was filed by the plaintiff in the year 2000; and therefore, under Art.142 of the Limitation Act, 1908; the suit. was barred by time---Validity---Contention of the defendant was misconceived as 1978 was the year of the defendant to be put into possession with the consent of the owner as a friendly gesture or otherwise but for no reason for physical dispossession (giving a cause of action to the plaintiff to sue the defendant for possession) and such situation continued until the service of notice which had discontinued the entire relationship of the previous period between the parties in all respects as far as the property and its occupation were concerned---Notice itself determined or discontinued the continuity of the alleged unauthorized possession, if any, and defendant had stood inducted in possession under an alleged sale agreement .and the past period of illegal possession, as claimed as defence in the suit, had stood washed out and a fresh cause of action arose to the plaintiff to sue the defendant---Appeal was dismissed. 2006 MLD 89; PLD 2009 SC 95 and 2003 CLC 200 ref. ORDER SYED ZAKIR HUSSAIN, J.--This second appeal is an out come of the Civil Appeal No. 28 of 2007, arising out of the Suit No. 883 of 2002 (Old No. 1250 of 2000), filed by the appellant against the respondent seeking thereby an order setting aside of the impugned judgment dated 12-1-2008, passed by the learned III-Additional District Judge, Karachi (Central), and the judgment dated 7-12-2006 Of the learned IV-Senior Civil Judge, Karachi (Central), in Suit No. 883 of 2002 (Old Suit No. 1250 of 2000) and dismissal of the suit of the respondent with costs, as well. 2. During the course of the arguments, the learned counsel for the appellant confined his bone of contention to the point of limitation, according to which, the suit was barred since the same was filed in the year, 2000, while the time began to run when…
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