| Citation(s) |
|---|
| 1998 SLG 1214 1998 SLD 1214 1998 SCMR 230 |
Supreme Court of Pakistan
Civil Petition No. 1383-L of 1996, decision dated: 4-03-1997
ZIA MAHMOOD MIRZA, RAJA AFRASIAB KHAN AND MUNAWAR AHMAD MIRZA, JJ
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Civil Petition No. 1383-L of 1996, decision dated: 4-03-1997
ZIA MAHMOOD MIRZA, RAJA AFRASIAB KHAN AND MUNAWAR AHMAD MIRZA, JJ
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NOOR BIBI and 6 others
VS
FAZAL HUSSAIN and others
Law:
Section:
Specific Relief Act (I of 1877)--S. 42---Limitation Act (IX of 1908), Art. 120---Constitution of Pakistan (1973), Art. 185(3)---Validity of sale transaction concerning land in question effected during May, 1933, challenged towards 29th April, 1980, through declaratory suit---Suit barred by time---Maintainability---Trial Court on appraisal of evidence dismissed plaintiff's suit---High Court rejected plaintiff's appeal against and decree of Trial Court---Validity---Adequate material was not available on record which might effectively rebut documentary evidence produced for establishing factum of sale---Both forums below had exhaustively considered entire evidence and after proper application of mind had rejected plaintiff's claim giving cogent reasons---In absence of patent illegality, material irregularity, perversity or lack of jurisdiction, concurrent findings arrived at by forums below could not be lightly disturbed---Findings of Courts below, were affirmed on re-evaluation of record---Plaintiffs had challenged validity of transaction after almost sixty years---No tangible evidence of plausible cause had been shown for such inordinate delay---Conclusions of Courts below as regards question of limitation were well founded---Hardly any error, legal defect or impropriety appeared regarding suit being hopelessly barred by time---Conclusions arrived at in impugned s were unexceptionable---Leave to appeal to Supreme Court was refused in circumstances. Mian Nisar Ahmad, Advocate Supreme Court and Muhammad Aslam Chaudhry, Advocate-on-Record (absent) for Petitioners. Nemo for Respondents. Date of hearing: 4th March, 1997. JUDGMENT MUNAWAR AHMAD MIRZA, J.---This petition for leave to appeal is directed against judgment/decree dated 5th. December, 1995, passed by Lahore High Court, Lahore. 2. Dispute relates to landed property measuring 590 Kanals and 11 Marlas situated in Chak No.37, Tehsil Ferozewala, District Sheikhupura (hereinafter referred as 'Suit Land'). Towards 29th April, 1980, Rehmat Ali (Predecessor-ininterest of petitioners Nos. l to 6) and Sadiq Ali (petitioner No.7) instituted a declaratory suit No.549/1 before Civil Judge 1st Class, Ferozewala, District…
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