Law: Limitation Act, 1908

Section: 3,144,142

Law: Limitation Act, 1908

Section: 3,144,142

Law: Specific Relief Act, 1877

Section: 42

Specific Relief Act (I of 1877)-------S. 42---Limitation Act (IX of 1908), S.3---Civil Procedure Code (V of 1908), O.VII, R.11---Suit for partition, administration, accounts and mesne profit---Application for rejection of plaint under O.VII, R.II, C.P.C.---Scope---Plaintiff and defendants as legal heirs had mutated their names in the record of Housing Society on 12-11-1995---One defendant was in possession of the suit property whereas the plaintiff and other defendants were entitled to their share by way of partition of property administration and compensation claimed for---Defendant had contended that suit land was in his possession from the last 22 years to the exclusion of plaintiff and other defendants---Validity---Suit land being joint, there was no question of exclusion of plaintiff and other defendants as they were co-sharers and possession of one co-sharer was for the benefit of all the other co-sharers and a co-sharer was deemed to be in possession through his other co-sharers---Even if the mutation was effected in 1995, the suit was filed on 3-1-2003 within 9 years---Mutation did not confer any right in the property, at the best it was an arrangement made on the fiscal side for ensuring the correctness of the record for that purpose---Contention of adverse possession and limitation were repelled in circumstances---When a right of co-heir was involved in a suit for administration, the heir in possession of the property left by 'deceased original owner had to be deemed to be always having remained in possession of the property being a co-sharer and claim of co-sharers could not be held to be barred by limitation or adverse possession--Order VII, R.II, C.P.C. was not attracted to the facts and circumstances of the present case. Mst. Shah Sultana and others v. Abdul Khaliq and others 1987 SCMR 1791; Mumber and others v. Ajaz Hussain and others 2007 SCMR 533; Elijan Bewa v. Abdul Samad and others PLD 1867 Dacca 682; Khutijan Edhi v. Zulmat Khan and others 1968 Dacca 172; Bibi Raziqan v. Najeeb Khan and another AIR 1958 Pat. 530; Mst. Ghazala Zakir v. Muhammad Khurshid 1997 CLC 167; PLD 1977 Kar. 993; Asghar Ali v. Mst. Zohrabi and another 2001 MLD 122;…

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