Law: Specific Relief Act, 1877

Section: 8,42

Law: Civil Procedure Code, 1908

Section: O.VI R. 4

PLJ 2026 Civil (Note) 20 [Lahore High Court, Lahore] Specific Relief Act, 1877 (I of 1877)-- ----Ss. 8 & 42--Civil Procedure Code, 1908 (V of 1908), O.VI R. 4--Land Revenue Act, 1967 (XVII of 1967)--Suit for declaration & possession--Gift mutation--Dismissed--Appeal--Accepted--Gift mutation--Challenge after long delay--Limitation--Mutation did not confer title--Fraud--Pleading requirement--Inordinate delay--Mutation was sanctioned on 05.04.1927 whereas suit was filed on 24.07.2006 that is after lapse of 76 years and indeed it was barred by time--It is pertinent to note that appellate Court had held that there was no question of limitation in a suit filed by legal heirs--This may be so but fact remains that suit has been brought with inordinate delay and there was no cause for this delay in view of fact--It could not be presumed that for next 70 years no inquiries were made with regard to this piece of land which has already been gifted prior to birth of plaintiff--It cannot be alleged on misplaced notion that no limitation runs against rights which were acquired by inheritance--In such matters too, legal heirs were required to be vigilant with regard to their rights and not to sleep over them for considerable period of time--In all cases in which a party relies on fraud, it shall state in pleadings particulars with dates and items as well as ingredients of fraud--Petition allowed.                                                [Para  3 & 4] A & B Judgment This is a civil revision under Section 115 of the Code of Civil Procedure, 1908 and brings a challenge to the judgment and decree dated 02.10.2013 passed by the Additional District Judge, Gujranwala. By the impugned judgment, the appeal filed by the respondents was accepted and the judgment and decree passed by the trial Court dated 08.12.2010 was set aside. 2.       Mushtaq Ahmad, predecessor-in-interest of the…