Case Details

Citation(s)
1981 SLG 3009 = 1981 SLD 3009 = 1981 CLC 43
Lahore High Court
Regular Second Appeal No. 502 of 1978, decided on 12th April, 1980.
Presented By: Muhammad Afzal Lone, J
Dost Muhammad and another v. Rais Satik and another P L D 1962 Quetta 82 and Barkhurdar Shah v. Mt. Sat Bharai and another A I R 1931 Lah. 677 ref. Ch. Muhammad Hassan for Appellant. Ch. Abdul Rehman for
Respondents Nos. 1 to 6. Nemo for the Remaining
Respondents.

AHMAD-Appellant

VERSUS

Mst. FATEH ETC.-Respondents

Law: Limitation Act (IX of 1908)

Section: 9

Law: Civil Procedure Code (V of 1908)

Section: 42

Law: Specific Relief Act (I of 1877)

Section: 7

Law: Punjab Limitation (Custom) Act, (I of 1920)

Section:

(a) Limitation Act (IX of 1908)  And Punjab Limitation (Custom) Act (I of 1920)Punjab Act I of 1920, having been repealed general law of limitation, as laid down in Act IX of 1908, held, would apply.[Interpretation of statutes]. L. Arura Mal v. Mt. Sandhuran A I R 1947 Lah. 290 ref. (b) Limitation Act (IX of 1904)  Limitation ActDoes not create any right but merely prescribes period of enforceability of such right. The Collector, Mardan and 2 others v. Mst. Taj Bibi and 14 others P L D 1972 Pesh. 197 rel. (c) Limitation Act (IX of 1908)  Question of limitationTo be decided as per Limitation Act in force at time of institution of suit and not as at time of accrual of cause of action.[Limitation]. Ram Karan Singh and another v. Ram Das Singh and others A I R 1931 All. 635; Masjid Shahid Ganj and others v. Shiromani Gurdwara Parbandhak Committee, Amritsar and another A I R 19.10 P C 116 and Dost Muhammad and another v. Rais Satik and another P L D 1962 Quetta 82 rel. (d) Civil Procedure Code (V of 1908) S. 9 read with Specific Relief Act (I of 1877), S. 42Suit for declaration of title, held, must precede suit for possession. Where a plaintiff sues for possession on the strength of his title, but an intermediate transaction in respect of the property claimed by him throws a cloud over his title, he must seek a declaration of his rights, before he can get relief of possession. (e) Punjab Limitation (Custom) Act (I of 1920) S. 7 Gift by widowWhether transfer of land by widow by way of gift inter vivos void or voidable ?[Gift]. No doubt under custom the widow's power of disposition is generally restricted, but under…
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