Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Suit for declaration---Limitation---Starting point of ---Property in dispute which was owned jointly by two brothers was disposed of through exchange by one brother---Plaintiffs who were legal heirs of the other brother brought suit for declaration to the effect that they were entitled to half share in land which was transferred by defendant through exchange and that mutation recorded on basis of exchange deed was liable to be cancelled which suit was dismissed on ground that it was barred by time as same was filed after about nine years from attestation of exchange mutation--­ Exchange of property in dispute having taken place without knowledge of plaintiff, period of limitation for filing suit for declaration, would be reckoned against plaintiff from date they gained knowledge of exchange transaction which according to plaintiff was three months prior to filing of suit---In absence of any evidence to contradict stance of plaintiff, suit filed by them was not barred by time. JUDGMENT The relevant facts leading to the filing of this revision petition are that one Muhammad Zaman, resident of Kotha Bangash Khel, Tehsil and District Bannu, owned two Kanals of land within the limits of his village, out of which he sold one Kanal and seven Marlas to one Jan Khan while the remaining thirteen Marlas was sold to Atlas Khan and Matan Khan, son of the said Jan Khan through an unregistered sale-deed dated 28-12-1939. Atlas Khan through a registered exchange deed No.357, Bahi No. 1, Jild No.401 attested on 12-5-1982 transferred 15/1-2 Marlas of land to one Faqir Zaman son of Gul Haider. The exchange was recorded as a mutation bearing No.5450 and attested on 10-8-1982. The legal heirs of Matan Khan brought a suit against Atlas Khan and seven others in the Court of Senior Civil Judge, Bannu on 2-10-1991 for a declaration that they are entitled to half share in the land which was transferred through the aforesaid exchange deed and that the Mutation No.5450 recorded on the basis of the exchange deed was liable to be cancelled. Prayer for permanent injunction restraining the respondents from the suit property as well as possession…

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