Law:

Section:

(a) Specific Relief Act (I of 1877)-------Ss. 39 & 8---Limitation Act (IX of 1908), Arts.91, 120, 142, 143 & 144---Suit for cancellation of sale-deed and possession of land---Execution of sale-deed in favour of defendant by "B" alleging to be general attorney of plaintiff---Plaintiff's plea that he had not appointed "B" as his general attorney; that general power of attorney in favour of "B" was a forged document, thus, impugned sale-deed and subsequent exchange of suit land by defendant with father of alleged general attorney of plaintiff were void and liable to be cancelled---Impugned sale-deed was executed on 22-7-1972, but suit was filed on 5-12-1984---Proof---After plaintiffs denial to have appointed "B" as his general attorney, onus shifted to defendant to prove that plaintiff had in fact appointed "B" as his general attorney---Defendant neither produced general power of attorney nor examined marginal witnesses thereof nor examined alleged general attorney and his father despite being alive and living in same village and one house---Trial Court dismissed suit as time-barred despite finding that impugned sale-deed and alleged general power of attorney were forged documents; and that defendant with a view to protect his fraud had intentionally not produced general power of attorney in evidence---High Court decreed suit on the ground that defendant had failed to prove execution of alleged general power of attorney, thus, impugned sale-deed and subsequent transactions pursuant thereto were void and did not exist in eyes of law, which matter would be governed by Art.144 of Limitation Act, 1908 and not Art.91 or 120 thereof---Validity---While considering question of limitation in such like suit, court must keep in view distinction between void and voidable documents---As per such findings of Trial Court, impugned sale-deed was a void transaction and relevant Article applicable thereto would be Art.142 or 144 of Limitation Act, 1908---High Court had rightly decided question of limitation---Supreme Court dismissed appeal filed by defendant. Anwar Zaman v. Bahadar Sher 2000 SCMR 431 and Hamida Begum v. Murad Begum PLD 1975 SC 624 ref. Muhammad Akbar Shah…

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