Case Details

Citation(s)
2015 SLD 8 = 2015 PLD 1

Civil Appeal No.4 of 2013, decided on 10th March, 2014.
Muhammad Azam Khan, C.J. and Saeed Akram Khan, J

MUHAMMAD SHARIF---Appellant

VERSUS

MUHAMMAD ZAMAN and 2 others---Respondents

Law:

Section:

MUHAMMAD AZAM KHAN, C.J.---The titled appeal, by leave of the Court, arises out of the judgment and decree passed by the High Court on 8th May, 2012 , whereby the appeal filed by the appellant, herein, has been dismissed.   Muhammad Sharif, appellant, herein, instituted a suit for cancellation of the giftdeed executed in favour of Muhammad Zaman in the Court of Civil Judge, Dudyal on 4th November, 2000, on different grounds. He claimed that during the pendency of suit, Muhammad Zaman, defendant, transferred the suit land to defendants-respondents Nos.2 and 3 through gift-deed dated 18th January, 2001. Muhammad Shahban and Muhammad Bashir also filed a suit for possession of the land on the ground that the plaintiff-appellant, herein, is their real uncle and gifted the suit land to their father on 22nd February, 1978. However, they are not in possession of the suit land. A third suit was filed by Muhammad Panno and others v. Muhammad Zaman and others on 1 st December, 2011. He challenged the gift-deed dated 18 January, 2001 executed by the defendant No.1 in favour of defendants Nos.2 and 3. At the conclusion of the trial, the suits filed by the appellant, herein, and Muhammad Pannu were dismissed, however, the suit filed by Muhammad Shahban for possession of the land was decreed. Muhammad Sharif and Muhammad Punnu filed two separate appeals before the Additional District Judge, Dudyal. The Additional District Judge, Dudyal dismissed both the appeals through judgment and decree dated 16th August, 2006. The plaintiffappellant challenged the said judgment and decree of the Additional District Judge by way of appeal. The learned Chief Justice in the High Court dismissed the appeal vide impugned judgment on 8th May, 2012.   At the outset, Ch. Muhammad Sabir, counsel for the respondents, raised preliminary objection that the petition for leave to appeal is time-barred and merits dismissal. The judgment was delivered by the High Court on 8th May, 2012. The petition for leave to appeal has been filed in this Court on 26th September, 2012. The limitation for filing the petition for leave to appeal from the judgment of the High Court is 60 days. It is 81 days…
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