Law:

Section:

Specific Relief Act (I of 1877)--S. 42---Constitution of Pakistan (1973), Art. 185(3)---Declaratory suit--­Limitation---Joint possession of suit property---Concurrent findings of facts by Courts below---Suit of plaintiff/respondent was decreed by Trial Court and and decree were upheld by Lower Appellate Court as well as High Court---Suit property was in joint possession and the suit was filed when defendant/petitioner denied the right of the plaintiff/respondent--­Validity ---Suit of the plaintiff/respondent was found to be within time as it started running from the day when the defendant/petitioner denied the right of the plaintiff/respondent over the suit property---Concurrent findings of all the Courts were in line with the law laid down by Supreme Court---Leave to appeal was refused. Hussain Bakhsh and others v. Settlement Commissioner and another PLD 1969 Lah. 1039; Mst. Bibi Mukhtiar v. Mst. Amrezn and another PLD 1968 Pesh. 169; Mst. Karim Jan and 3 others v. Anwar Khan and another PLD 1984 Pesh. 111; Ilam Din and others v. Muhammad Sharif and others 1990 SCMR 1642; Tahir Hussain v. Ghulam Faruque and 7 others PLD 1978 Kar. 182 and Muhammad Shah v. Sher Muhammad and another PLD 1969 Pesh. 103 ref. Hameed Azhar Malik, Advocate Supreme Court and S. Abut Aasim Jaferi, Advocate-on-Record (absent) for Petitioner. Ch. Masud Ahmed Ghumman, Advocate Supreme Court with Tanvir Ahmed, Advocate-on-Record for the Caveators. Date of hearing: 13th April, 1998. . ORDER CH. MUHAMMAD ARIF, J.---Leave is claimed against judgment, dated 11-4-1997 whereby the Lahore High Court, Lahore dismissed Civil Revision No.30 of 1986 and upheld the judgment, dated 11-I1-1985, in appeal under section 96, C.P.C., of a learned Additional District Judge, Sahiwal who had declined to interfere in the judgment and decree, dated 6-2-1985 of the learned Trial Judge in a litigation between the parties who are brothers inter se in a suit for declaration and permanent injunction brought by respondent No.l against the petitioner and Asgher Ali, respondent No.2 herein. 2. .Respondent/plaintiff Syed Riaz Hussain Shah owned an Ihata No. 10942 measuring 5 Kanals 8 Marlas 5 Sarsahies jointly with his…

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