| Citation(s) |
|---|
| 2004 SLG 1386 2004 SLD 1386 2004 SCMR 1502 |
Supreme Court of Pakistan
Civil Appeal No. 1487 of 1997, decision dated: 13-05-2004.(On appeal from the judgment, dated 20-11-1995 of the Lahore High Court, Lahore, passed in R.S.A. No.371 of 1971)
HAMID ALI MIRZA AND SARDAR MUHAMMAD RAZA KHAN, JJ
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Civil Appeal No. 1487 of 1997, decision dated: 13-05-2004.(On appeal from the judgment, dated 20-11-1995 of the Lahore High Court, Lahore, passed in R.S.A. No.371 of 1971)
HAMID ALI MIRZA AND SARDAR MUHAMMAD RAZA KHAN, JJ
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REHMAN
VS
YARA through L.Rs and others
Law:
Section:
(a) Specific Relief Act (I of 1877)----S. 39---Limitation Act (IX of 1908), Art. 91---Suit filed not for cancellation of any document---Provisions of Art.91, Limitation Act, 1908 and S.39, Specific Relief Act, 1877 were not attracted. (b) Specific Relief Act (I of 1877)--- ----S. 42---Limitation Act (IX of 1908), Art. 120---Suit for declaration to the effect that plaintiff was the owner in possession of the suit-land and that defendants had no right or interest in the suit-land on the grounds stated in the plaint---Limitation---Provisions of S. 42, Specific Relief Act, 1877 and Art. 120, Limitation Act, 1908 would be applicable whereby the suit for declaration as to right or interest in immovable property could be filed within six years from the date on which right to sue accrued to the plaintiff---Right to sue, had accrued to plaintiff when the defendants in the suit about one week prior to the filing of suit had denied his right of ownership and threatened his possession of the suit-land---Suit having been filed by plaintiff for declaration of his right of ownership in the suit property from the date of cause of action within six years, was not time- (c) Specific Relief Act (I of 1877)--- ----S. 42---Limitation Act (IX of 1908), Art. 120---Suit for declaration of ownership of immovable property---Adverse entry in the Revenue Record---Limitation---Documentary and ocular evidence produced by the plaintiff coupled with admission of witnesses had made it clear that the plaintiff was all along in possession of the suit-land---Suit, in circumstances would be covered by Art. 120 of the Limitation Act, 1908. and the person in possession of the land would not be obliged to rush to the Court only on the basis of adverse entry in the Revenue Record and in such a case plaintiff would get recurring cause of action by each adverse entry in the Revenue Record and plaintiff would be the sole judge of serious threat to his interest---Entry in the Revenue Record was neither a document of title nor a presumptive evidence of title and person may not feel aggrieved of such entry and cause of action in such a case would not accrue when the mutation order-in-original or in…
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