Law:

Section:

Specific Relief Act (I of 1877)--- ----Ss.39 & 42---Limitation Act (IX of 1908), Arts. 91 & 120---Law Reforms Ordinance (XII of 1972), S.3---Intra Court Appeal---Declaration of title and cancellation of document-Benamidar, suit against---Limitation---Suit filed by plaintiff was dismissed by Single Judge on the ground that it was barred under Art.91 of Limitation Act, 1908---Validity---First application was filed by plaintiff on 15-12-1996, to authorities requesting not to issue any duplicate document to defendant---Sale agreement was executed by defendant on 30-1-1997, representing himself as owner, which document had come to the notice of plaintiff much later---Reckoning six yeas limitation from application dated 15-12-1996, cut off date for suit of such nature would be expiring on 13-12-2002---Limitation for cancelation of transfer in favour of buyer was to be reckoned within six years from the date of knowledge of disputed entry in the record of rights as maintained by authorities---As the disputed entry in record of rights was 26-5-1997, therefore, under Art. 120 of Limitation Act, 1903, time would run out on 26-5-2003 for declaration of title---Suit was fled on 28-11-2002 and it was well within the period of limitation---Right to sue accrued to real owner against Benamidar, when hostile claim of ownership by Benamidar/ostensible owner had come to the knowledge of real owner---Single Judge of High Court did not properly consider factual position narrated in plaint in the context of cause of action and evidence available on record, thus was on wrong assumption in its entirety, therefore, the same was set aside and suit was decreed in favour of plaintiff---Division Bench of High Court directed the authorities to mutate plot in question in favour of plaintiff---Intra-Court Appeal was allowed in circumstances. Nazir Ahmed Serang v. Benoya Bhusan Saha P.LD 1957 Dacca 575 at 585 and Abdul Rashid Velmi v. Habibur Rehman 1995 MLD 397 403-rel. JUDGMENT MUSHIR ALAM, J.---Appellant above-named has impugned the judgment dated 3-11-2008 handed down by learned Single Judge of this Court in 'suit No.1220/2002 whereby the said suit was dismissed being hit by…

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