Law: Limitation Act, 1908

Section: IX,1,91,120,142

Law: Civil Procedure Code (V of 1908)

Section: I,3,9,XV,3

Law: Specific Relief Act (I of 1877)

Section: 42,55

Law: Trusts Act, 1882

Section: II,3

(a)    Limitation Act (IX of 1908)-------First Sched., Arts. 91, 120 & 142---Civil Procedure Code (V of 1908), O. I, Rr. 3 & 9---Specific Relief Act (I of 1877), Ss. 42 & 55---Suit for declaration, possession and mandatory injunction---Unauthorized possession and creation of trust over amenity plot of respondent-society---Objections as to maintainability of suit on the points of limitation and misjoinder and non-joinder of necessary parties were raised by the appellants ---Validity---Primary or substantial reliefs sought by the appellants were the declaration of ownership and recovery of possession, while the cancellation of the trust deed was merely incidental or ancillary to the substantial reliefs, thus, Art. 142 of the Limitation Act, 1908 (Act), was disregarded while computing the time as per Art. 120 of the Act, which provided a period of six years from the date of unauthorized possession of the subject property and gaining knowledge of the alleged trust deed, which was mentioned in the plaint as 06.02.1993 and as the suit was instituted on 29.10.1998, thus, the same was well within limitation---Secretary General and key office bearers of the trust were parties to the suit, which implied that the trust was indeed a participant in the proceedings and it fulfilled the judicial objective of ensuring that all necessary parties were before the court for effective and proper adjudication of the controversy---Objections as to limitation and misjoinder and non-joinder of parties were repelled and High Court Appeal was dismissed, in circumstances.Mst. Hameeda Bibi and 3 others v. Ch. Atta Ullah PLD 1998 Lahore 183 rel.(b)    Trusts Act (II of 1882)-------S. 3---Unauthorized creation of trust and execution of trust deed without the consent and knowledge of owner---Validity---S. 3 of the Trusts Act, 1882, delineates a trust as an obligation annexed to property ownership, originating from a confidence reposed in and accepted by the owner for the benefit of another party--Respondent/society being owner of the property never consented to create the trust, which directly contradicted the fundamental premise of trust…