Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Limitation Act (IX of 1908), Art. 120---Civil Procedure Code (V of 1908), S.115---Suit for declaration---Limitation---Plaintiffs had sought declaration to the effect that they were owners of suit-land and that defendants had nothing to do with the same and that mutation attested in favour of predecessor-in-interest of defendants was wrong and being based on fraud, and illegality, was ineffective upon their rights---Suit was concurrently decreed by Courts below in favour of plaintiffs---Validity---Evidence on record had established that property in dispute originally belonged to predecessor-in-interest of plaintiffs and said property was mortgaged way back in year 1899 in favour of some body, but was not got redeemed---Said property thereafter was sold by predecessor-in-interest of plaintiffs to predecessors-in-interest of defendants vide mutations attested in 1924 in Jalsa-e-Aam in favour of predecessor-in-interest of defendants---Said property remained in possession of predecessor-in-interest of defendants ---Predecessor-in-interest of plaintiffs, who remained alive for about 35 years after attestation of mutations in favour of predecessor-in-interest of defendants, never challenged the said mutation or possession of predecessor-in-interest of defendants---Defendants being successors of vendee of suit-land remained in uninterrupted possession of suit property and neither predecessor-in-interest of plaintiffs nor after his death his successors/plaintiffs challenged their possession during the long period of 71 years---Ownership with possession of defendants over suit-land was protected as bona fide--.-Suit filed by plaintiffs after 71 years of attestation of mutation and uninterrupted possession of defendants over suit-land, which at the most could be filed after six years according to Art.120 of Limitation Act, 1908 was hopelessly time-barred and Courts below were not justified to decree the suit---High Court in exercise of its revisional jurisdiction, set aside concurrent s and decrees of Courts below and dismissed suit filed by plaintiff being hopelessly time ­barred. Miskeen and others v. Khadija 2001 MLD 1790;…

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