Case Details

Citation(s)
2005 SLG 1162 2005 SLD 1162 2005 CLC 340
Lahore High Court
Civil Revision No. 175-D of 1999, decision dated: 13-09-2004.
SH. HAKIM ALI, J

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SHER MUHAMMAD and another

VS

PROVINCE OF PUNJAB through District Collector, Lodhran and 11 others

Law:

Section:

Specific Relief Act (I of 1877)-------S. 42---Limitation Act (IX of 1908), S.3---Suit for declaration--­Limitation---Suit for declaration that sale-deed executed by general attorney was void and ineffective upon the inheritance rights of the plaintiffs was dismissed as barred by time by concurrent s--­Validity---Registered sale-deed was dated 4-5-1964---One of the plaintiffs obtained certified copy in the year 1965 yet did not file the suit uptil 1998---Inaction, silence and the negligence for a long period of 14 years thus, was clear---Documentary evidence was that plaintiffs had knowledge---Suit was brought 14 years five months and 21 days after the accrual of cause of action---Concurrent findings that the suit was not maintainable were upheld and revision was dismissed in circumstances. Ch. Muhammad Ismail for Petitioners. Malik Ramzan Khalid, A.A. -G. for Respondent No. 1. Mian Habib-ur-Rehman Ansari and Muhammad Hussain Jehanian for Respondents. ORDER Challenging the validity of judgment and decree passed by learned District Judge, dated 7-1-1999 by which the judgment and decree of the learned Civil Judge was affirmed, the present revision petition has been filed by the plaintiffs /petitioners. 2. The facts of the case in brief are that Imam Din son of Muhammad Din, Caste Gujjar, was owner of the lands, in dispute, measuring 58 Kanals, 2 Maclas situated in Chak Qazi Wah, Tehsil Lodhran at present Tehsil Dunyapur District Lodhran. One Munshi Khan representing himself as general attorney of aforesaid Imam Din, executed a registered sale-deed dated 4-5-1964 for the lands in dispute in favour of Mehdi Hassan, Muhammad Sharif and Muhammad Yaqub, in consideration of Rupees eleven thousand. The plaintiffs /petitioners filed a suit to get a declaration that the sale-deed dated 4-5-1964 registered with Sub-Registrar, Lodhran regarding the lands in dispute was liable to be declared void and ineffective upon the inheritance rights of the plaintiffs. As a consequential relief prayer for grant of recovery of possession was also made in the aforesaid suit. The learned Senior Civil Judge dismissed the suit on 3-3-1996 holding that suit was barred by time; and the…
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