Law:

Section:

(a) Limitation Act (IX of 1908)-------Ss. 5, 14 & Art. 120---Condonation of delay---Exclusion of time spent in prosecuting time-barred appeal---Validity---Period so spent cannot be excluded while computing period of limitation under Art. 120 of Limitation Act, 1908. Ahmad Din v. Muhammad Shafi and others PLD 1971 SC 762; Langer and others v. Ch. Muhammad Shafi 1994 MLD 2169; Zil Muhammad and 3 others v. Mst. Hayat Bibi and 2 others 1971 SCMR 514 and Mst. Rasul Bibi v. Mst. Rehmat Bibi 1987 SCMR 2036 ref. (b) Limitation Act (IX of 1908)--- ----S. 5---Condonation of delay---Explaining each day's delay---Object and scope---With lapse of time valuable rights accrue in favour of other side that is why a litigant is required to explain each days' delay in approaching Court. (c) Transfer of Property Act (IV of 1882)--- ----S. 41---Transfer by ostensible owner---Entries in Revenue Record--­Effect---Where revenue entries show a person as a sole proprietor of certain land and there are no other circumstances leading the purchasers to go behind the Revenue Records and make any further inquiry, such purchasers are fully protected by the principle underlying S.41 of Transfer of Property Act, 1882. Dost Muhammad through Legal Heirs .v. Jahangir Khan and another 2000 CLC 1745 ref. (d) Transfer of Property Act (IV of 1882)--- ----S. 41---Transfer by ostensible owner---Concurrent findings of fact by the Courts below---Inquiring from Revenue Authorities before purchase---Plaintiffs assailed mutation of sale on the ground that the same was a result of fraud---Defendant prior to purchase of land, inspected the Revenue Record and entries existing therein where the vendor was shown as owner of the suit property---Trial Court having found the defendant as vigilant purchaser, having purchased the suit property from ostensible owner, dismissed the suit---Judgment and decree passed by the Trial Court was upheld by Appellate Court---Plea raised by plaintiffs was that the vendor being their brother had misused his authority and deprived them of their legal share as nothing was paid to them out of the sale proceeds---Validity---Remedy of plaintiffs lay against the vendor for redressal…

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