| Citation(s) |
|---|
| 1981 SLG 450 1981 SLD 450 1981 SCMR 814 |
Supreme Court of Pakistan
Civil Petition for Special Leave to Appeal No. 371 of 1979, decision dated: 22-06-1981.(On appeal from the judgment and order, dated 17th April 1979, passed by the Lahore High Court, Lahore, in R. S. A. No. 747-65/ B W P)
ASLANT RIAZ HUSSAIN AND MUHAMMAD AFZAL ZULLAH, JJ
Kh. Muhammad Tufail, Advocate and S. Wajid Hussain, Advocate-on-Record for Petitioners. Ch. A. Waheed Salim, Advocate and M. A. Qureshi, Advocate-on-Record for
Respondents Nos. 1 to 10.
Civil Petition for Special Leave to Appeal No. 371 of 1979, decision dated: 22-06-1981.(On appeal from the judgment and order, dated 17th April 1979, passed by the Lahore High Court, Lahore, in R. S. A. No. 747-65/ B W P)
ASLANT RIAZ HUSSAIN AND MUHAMMAD AFZAL ZULLAH, JJ
Kh. Muhammad Tufail, Advocate and S. Wajid Hussain, Advocate-on-Record for Petitioners. Ch. A. Waheed Salim, Advocate and M. A. Qureshi, Advocate-on-Record for
Respondents Nos. 1 to 10.
KHUSHI MUHAMMAD AND 3 others
VS
Mst. ZAINAB BIBI AND 20 others
Law:
Section:
Limitation Act (IX of 1908)----Art. 120--Limitation-Starting point of-Contention that suit having not been filed within six years of alleged fraudulent gift barred by time under Art. 120-Real owners of land being kept in dark about attempts of other party to effect transfer of land in his own Dame through gift, being pardanashin ladies not aware of mechinations of other party and becoming aware of threat to their rights when their possession threatened, reliance on Art. 120, held, of no assistance to other party and real owners could wait till threat to their possession not only became visible but more real.--[Limitation]. Mst. Izzat v. Allah Ditta P L D 1981 S C 165 ref. ORDER MUHAMMAD AFZAL ZULLAH, J.-Leave to appeal has been sought from judgment, dated 17th April 1979 of the Lahore High Court; whereby second appeal of the petitioners' side (defendants) arising out of a land dispute case was dismissed. The case has a chequered history which need not be recapitulated in this order. It would suffice to mention that Imam Din, predecessor-interest of the petitioners was maternal-uncle of Mst. Zainab respondent and Mst. Aimna Bibi predecessor-in-interest of some of the other respondents. Taleh Muhammad, the father of Mst. Zainab and Mst. Aimna, died when they were still minors. During their days of orphanhood, they were looked after by Imam Din their real maternal uncle. He betraying the confidence reposed in him with regard to the orphan and made several attempts to grab their property. Some of the attempts were frustrated by the village punchayat. However ad held by the learned court below he by fraudulent means got prepared some documents in 1956 and therefore so as to deprive his nieces of their land. It may be mentioned that although imam Din made an indirect attempt to pacify the ladies byu marrying Mst. Aimna to his son but it appears that he land in disputes proved a hurdle in the complete fulfillment of this design. ultimately a suit was filed in 1964 fir declaration and injunction regarding interference with possession of the owners. The plaints has not been filed with this petition. However it appears form the heading of the judgment of the learned…
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