Law: Limitation Act, 1908

Section: 120

Law: West Pakistan Land Revenue Act, (XVII of 1967)

Section: 42

Law: Transfer of Property Act, 1882

Section: 54

Law: Specific Relief Act, 1877

Section: 42

(a) Limitation Act (IX of 1908)--- ----Art. 120---Specific Relief Act (I of 1877), S.42---Suit for declaration--­Limitation---Expression "right to sue"---Applicability---Limitation for filing a suit for declaration under Art. 120, Limitation Act, 1908 is six years from the date of right to sue---Right to sue accrues to plaintiff when his right has been denied by the defendant---Such right of plaintiff is a continuous right and there can be no right to sue until there is an accrual of right asserted in the suit and its infringement or its clear unequivocal threat to infringe that right by defendant against whom the suit is instituted. (b) Specific Relief Act (I of 1877)--- ----S.42---West Pakistan Land Revenue Act (XVII of 1967), S.42---Suit for declaration---Entries in record of rights---Validity---Such entries did not necessarily extinguish rights of the party against whom such entry had been made---Every entry in the record of rights was denial of right of plaintiff and the plaintiff had the option to file suit for declaration on every denial of his rights,--Such denial of rights would furnish the plaintiff a fresh cause of action. Wali and 10 others v. Akbar and 5 others 1995 SCMR 284; Atta Muhammad v. Nasiruddin PLD 1993 Pesh. 127 and Muhammad Yousaf v. Noor Din and others 1993 MLD .763 ref. (c) Transfer of Property Act (IV of 1882)--- ----S. 54---Sale---Proof---Onus to prove---Onus to prove validity of sale is on the person in whose favour the sale has been effected. Ghulam Haider v. Mst. Sooban Bibi 1986 MLD 1952 and Ghulam Hussain and others v. Inam Bakhsh and others 1995 MLD 1165 ref. (d) Qanun-e-Shahadat (10 of 1984)--- ----Art. 103---Evidence---Oral evidence does not exclude documentary evidence---Document can be rebutted by document only. Arif Baig v. Mubarrak Ali P1.D 1992 Lah. 366 ref.. (e) Transfer of Property Act (IV of 1882)--- ----S. 54---Sale---Essentials of "sale" are the parties; the subject-matter, the transfer of conveyance and the price or consideration. (f) Transfer of Property Act (IV of 1882)--- ---S. 54---Parties to sale---Parties of sale are the seller and the buyer---Seller must be a person competent to transfer and contract and…

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