Law:

Section:

(a) Limitation Act (IX of 1908)-------S. 3---Court, under S.3, Limitation Act, 1908 is duty bound to see if a lis before it was within time or not. (b) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----Ss. 3 & 7---Termination of limited estate held by female under custom---Such limited ownership in respect of the immovable properties held by a Muslim female under the custom, was terminated under S.3, West Pakistan Muslim Personal Law (Shariat) Application Act, 1962--­Limitedly owned property would revert back to the last male owner, to be distributed amongst his legal heirs, whosoever were surviving at that time, according to Muslim law of inheritance and in such a situation female limited owner remained entitled to the ownership of 1/4th share and remaining portion would. go to the legal heirs accordingly---Decree dated 19-11-1951, on account of West Pakistan Muslim Personal Law (Shariat) Application Act, 1962 would be rendered nugatory and no further action on the basis of such decree under the custom could have been initiated or sustained---No limitation for co-sharer to enforce his such right against another co-sharer---Period of limitation, shall not impede the enforcement of the rights of inheritance. (c) Limitation --- ----Co-sharer---No limitation for a co-sharer, to enforce his right of inheritance against another co-sharer. (d) Limitation--- ---- Period of limitation shall not impede the enforcement of the rights of inheritance. (e) Limitation Act (IX of 1908)--- ----Art. 144---Specific Relief Act (I of 1877), S.42---Suit for declaration for the enforcement of rights of co-ownership and inheritance which the plaintiffs had acquired under the law---Limitation---General law regarding the suits for possession of the immovable property would not create any hurdle in the way of plaintiffs---Possession of the defendants was in the nature of the co-owners and Art. 141, Limitation Act, 1908 was not attracted to the matter at all. (f) West Pakistan Muslim Personal Law (Shariat) Application Act (V of 1962)--- ----Ss. 3 & 2A---Specific Relief Act (I of 1877), S. 42---Suit for declaration against limited owner (widow) wherein…

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