Case Details

Citation(s)
1994 SLG 1079 1994 SLD 1079 1994 CLC 1653
Lahore High Court
R.SA. No. 122 of 1974, decision dated: 17-11-1993
MUNIR.A. SHAIKH, J

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KHUDA BAKHSH and others

VS

MUHAMMAD GHANI and others

Law:

Section:

Specific Relief Act (I of 1877)-------Ss. 42 & 54---Suit for declaration and permanent injunction---Dispute raised in suit was regarding title in suit land which admittedly was jointly owned and possessed by parties---Shares which plaintiff had acquired by way of inheritance, having not been correctly recorded in Revenue Record, plaintiff had filed suit against such entries---Courts below dismissed suit on ground of limitation holding that a~ plaintiff had challenged entries made in Revenue Record as far back as twenty years before in pursuance of mutation of inheritance, suit filed by plaintiff after such a long period was barred by time--­Findings of Courts below showed that parties were joint owners and were possessing land jointly and dispute being only to the extent of shares which each of the parties could hold by way of inheritance, suit filed by plaintiff, could not be held to be barred by time. Ch. Muhammad Hassan for Appellants. Khawaja Muhammad Farooq for Respondents. Date of hearing: 17th November- 1993. JUDGMENT This appeal has arisen from a suit filed by the appellant for declaration and permanent injunction as consequential relief which has been directed against judgment dated 20-11-1973 passed by the lower appellate Court dismissing the appeal against judgment and decree passed by the trial Court dated 15-6-1972 through which the appellant's suit had been dismissed. 2. The dispute raised in the suit was regarding title in the suit land which was admittedly jointly owned and possessed by the parties. According to the appellant the shares of which he had become owner by way of inheritance had not been correctly recorded in the Revenue Record against which entries he filed the suit. The suit was resisted on the ground of limitation as also that the same was not maintainable in the present form. 3. The trial Court held that the appellant was challenging the entries made in the Revenue Record as for back as twenty years before in pursuance of mutation of inheritance, therefore, the suit filed after the said period was barred by…
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