Law:

Section:

(a) West Pakistan Land Revenue Act (XVII of 1967)-------S. 45---Specific Relief Act (I of 1877), S.42---Qanun-e-Shahadat (10 of 1984), Arts.117 & 120---Mutation of inheritance, assailing of--­Limitation---Ownership on the basis of possession---Onus to prove--­Disputed mutation of inheritance was attested in the year, 1919,- while the same was assailed in the year, 1996---Trial Court dismissed the suit being time-barred and the was maintained by Appellate Court--­Validity---Onus to prove factum of possession and suit being within limitation, was heavily placed on the plaintiff but he had failed to discharge the same through reliable evidence---Solitary word of the plaintiff did not rehabilitate his case---Mere assertion of the plaintiff that attestation of suit mutation was a result of conspiracy between Revenue Officials and predecessor-in-interest of the defendants and that the plaintiff had been receiving usufructs, without a positive attempt on his part to substantiate the same, was of no consequence---Both the Courts below had rightly found that the suit was clearly barred by time---Both the Courts having properly dealt with the matter and dismissed the suit of the plaintiff for valid reasons---High Court declined to interfere with the concurrent findings of fact by the Courts. Ali Muhammad v. Muhammad Hayat and others 1982 SCMR 816 and Irshad Ali and another v. Munawar Khan 2001 CLC 1899 ref. (b) Civil Procedure Code (V of 1908)--- ----O. XX, R.5 & O.XLI, R.31---Judgment---Non-compliance of provisions of O.XX, R.5 & O.XLI, R.31, C.P.C. makes and decree nullity---Validity---Court of law whether at trial or in appeal is to give its finding on each and every issue and the Appellate Court has to .give points for determination and has to address all the important questions involved in the case but O.XX, R.5 & O.XLI, R.31, C.P.C. are directory and not mandatory---Omission of such details as required under O.XX, R.5 or O.XLI, R.31, C.P.C. does not make the and decree a nullity. Muhammad Hafiz v. Jalaluddin and others 1981 SCMR 1171; Mian Muhammad Latif v. Province of West Pakistan PLD 1970 SC 180; Muhammad Akbar v. Fateh Muhammad 1993 MLD 76 and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492