Law:

Section:

(a) Co-sharer-------Joint possession---Law of Limitation ---Application---Question of a limitation does not arise in case of joint possession as co-sharer. Moolchand and 9 others v. Muhammad Yousuf (Udhamdas) and 3, others PLD 1994 SC 462 ref. (b) Limitation Act (X of 1908)--- ----S. 18---Effect of fraud---Limitation---Computing of period---Fraud vitiates the most solemn proceedings---Question of fraud is always open to scrutiny by competent Court and no fraudulent transaction can be given protection due to bar of limitation where a party was kept away from the knowledge of his right to sue or file a suit because of fraud of other party, for purpose of limitation, time would be computed from the date of discovery of fraud. Mst. Slaoo Bibi and 3 others v. Gul Rehman and 13 of others PLD 1996 Pesh. 1 ref. (c) Possession--- --- Party in possession of suit-property---imitation---Were a party continued to be in possession of proprietary rights question of limitation would not arise. (d) Specific Relief Act (I of 1877)--- ----S. 18---Imperfect title of vendor ---Vendee, bona fide purchaser for consideration---Effect---Where the vendor had defective title regarding suit property, vendee had the right under S.18 of Specific Relief Act, 1877, to compel, the vendor to make good the agreement out of his other property. (e) Transfer of Property Act (IV of 1882)--- -----S.43---Transferor, acquiring interest in property subsequent to transfer---Effect---Where the transferor who had professedly transferred property for consideration upon a fraudulent or erroneous representation, when the transferor acquired interest in the property, under the provisions of S.43 of Transfer of Property Act, 1882, he was authorised to make such transfer of immovable property. Sayyed Ghulam Muhammad Shah v. Sayyed Fateh Muhammad Shah PLD 1955 FC 1 and Ziauddin Rafi v. Muhammad Khan and others PLD 1962 (W. P ) Lah. 321 ref. (f) Transfer of Property Act (IV of 1882)--- ----S. 43---Specific Relief Act (I of 1877), S.18---Imperfect title of vendor--­Vendee, bona fide purchaser for consideration---Compensation from other property owned by vendor---Subsequent acquisition of title by…

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