Law:

Section:

Specific Relief Act (I of 1877)----S. 42---Limitation Act (IX of 1908), Art. 142---Constitution of Pakistan (1973), Art. 185(3)---Suit for declaration---Limitation---Suit in which mutation with regard to land in dispute was challenged, was dismissed by Trial Court as being time-barred and even on merits and findings of Trial Court were affirmed by Court of appeal and High Court---Suit was filed 19 years after impugned mutation---Period of limitation for filing such a suit in terms of Art. 142 of Limitation Act, 1908, was 12 years---Suit being time-barred, findings of Courts on that issue were unexceptionable---No evidence was available on record to indicate that impugned mutation was collusive or fictitious---Suit, in circumstances was rightly dismissed---Concurrent findings of Courts, could not be interfered with---Petition was dismissed and leave refused. ORDER TASSADUQ HUSSAIN JILLANI, J.--- Leave to appeal sought against the judgment, dated 20-11-2000 (Civil Revision No.109-D of 1977) passed by a learned Judge of the Lahore High Court, Bahawalpur Bench, dismissing petitioners' civil revision and thereby confirming the concurrent judgments and decrees of the trial Court (dated 22-11-1974) and that of the first Court of appeal (dated 5-4-1977) in terms of which petitioners/plaintiffs suit for declaration was dismissed. 2. Through the said suit the petitioners had impugned Mutation No.9, dated 28-6-1953 evidencing the sale of the suit property by Ali Ahmad (petitioners' predecessors-in-interest) in favour of Wali Muhammad (predecessors-in-interest of the respondents). It was alleged that the mutation was collusive, that there was no sale and no consideration passed to the respondents/ defendants. 3. The learned trial Court dismissed the suit as time-barred and even on merits it was held that there was…

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