Law:

Section:

(a) Specific Relief Act (I of 1877)-------S. 42---West Pakistan Land Revenue Act (XVII of 1967), S.172---Suit for declaration relating to inheritance mutation---Questions of facts and law---Bar of Civil Court Jurisdiction in terms of S.172 of West Pakistan Land Revenue Act, 1967---Validity---General jurisdiction of Civil Court was not barred rather would be more appropriately attracted in cases involving complicated questions of facts and law and complete transactions. (b) Specific Relief Act (I of 1877)--- ----S. 42---Civil Procedure Code (V of 1908), O.VII, R.11---Limitation Act (IX of 1908), Arts.120 & 144---Suit for declaration relating to inheritance mutation---Application for rejection of plaint on ground that suit was time-barred, was dismissed---Validity---Land in question was originally inherited by predecessors of plaintiffs---Assertion that inheritance mutation was outcome of fraud, was raised after more than half a century by legal heirs (plaintiffs) of such predecessors who lived long after the said mutation was sanctioned and impugned sale-deed was registered but they never raised any objection during their lifetime---Such assertion, therefore, had little evidentiary value---Long delay of many decades was not only inexplicable but unconscionable also---Contention of plaintiffs that question of limitation did not arise in case of joint possession as co-sharers, had no force as the matter in question was not a case of inheritance simplicitor---Right to sue having accrued to plaintiff's predecessors with regard to impugned mutation 63 years back, had indisputedly expired when predecessors were still alive---Suit should have been brought within 6 years of a cause of action---Plaintiffs were seeking declaration of ownership, claiming possession as consequential relief and also seeking rectification of Record of Rights and it was well-settled that such a suit was covered by Art.120 of Limitation Act, 1908 for which period of limitation was 6 years---Plaintiffs, in a suit for possession, had to show that they had been dispossessed within a period of 6 years prior to the institution of suit---Even under the residuary Art.144 of Limitation Act, 1908…

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