Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Punjab Muslim Personal Law (Shariat Application) (Removal of Difficulties) Act (XXV of 1975), S.3---Civil Procedure Code (V of 1908), S.100---Second appeal---Limitation---Land mutated in year, 1974, was assailed in year, 1979, on the ground of sale by limited owner under custom---Trial Court dismissed the suit for being barred by limitation--Judgment and decree passed by Trial Court was maintained by Appellate Court---Validity---Special law had conferred maximum period of one year for challenging the sales, which otherwise were not earlier challenged by successor of the last male owner---Period of limitation commenced on the enforcement of law and the suit was brought after one year---Suit had been rightly held by the Courts below being barred by limitation---Second appeal was dismissed in circumstances. Sher Muhammad v. The Additional Rehabilitation Commissioner, Multan and 7 others PLD 1968 Lah. 234; Additional Settlement Commissioner (Land), Sargodha v. Muhammad Shari and others PLD 1971 SC 791; Muhammad Yaqub v. Member, Board of Revenue, Lahore and 3 others PLD 1973 SC 304; Muhammad Asadullah Shaikh v. Government of Pakistan and others 2003 SCMR 392 and Saifur Rehman and another v. Sher Muhammad and others 2002 SCMR 1000 distinguished. Hashmat Ali and another v. Mst. Jantan and 6 others 1993 SCMR 950 rel. Muhammad Rasheed Mirza for Appellants. Sheikh Abdul Aziz for Respondents. Date of hearing: 22nd March, 2005. JUDGMENT MIAN SAQIB NISAR, J.--- The suit filed by Mst. Salamat Bibi for declaration, challenging the sale dated 21-12-1974 in favour of respondents Nos.2 and 3, was dismissed by the learned trial Court, vide judgment and decree dated 14-12-1987. Her appeal has also failed on 15-6-1989. 2. Briefly stated the facts of the case are, that Abdul Ghafoor died in India, where he had some agricultural land; his widow Mst. Khooban migrated to Pakistan and filed a claim on account of the above and as per RL-II, Khata No.113, land measuring 90 Kanals and 1 Marla was allotted to her in R-10!67 or 67/10 in Chak No.10/67-R Gangi Bar, Tehsil Khanewal; Mst. Khooban through two Mutations Nos.59 and 60, both dated…

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