Law: Specific Relief Act, 1877

Section: 42

Law: Limitation Act, 1877

Section: 18

(a) Specific Relief Act (I of 1877)--- ----S. 42---Declaration, relief of---Scope---Relief of declaration is discretionary and plaintiff who seeks discretionary relief must come to court with clean hands. (b) Specific Relief Act (I of 1877)--- ----S. 42---Limitation Act, (IX of 1908), S.18---Declaration of title--­Limitation---Fraud---Failure to prove---Effect---Mutation of inheritance attested in year 1942 was assailed by plaintiffs in year 1988---Trial Court and Lower Appellate Court concurrently dismissed the suit and appeal filed by plaintiffs---High Court, in exercise of revisional jurisdiction, decreed the suit in favour of plaintiffs---Plea raised by defendant was that plaintiffs failed to establish that they were the descendants from the owner of the suit-land whose mutation of inheritance was assailed-- Validity---Two courts below found that the suit was barred by time but High Court by making a sweeping statement that there was no limitation in the cases of inheritance, had in fact, re-written the law of limitation---Present was not a case of inheritance between co-sharers because case of plaintiffs was that defendant was a stranger---No justification, factual or legal to overlook the delay of 46 years existed in assailing the mutation of inheritance by filing suit---Delay of 46 years existed adversely reflected on the bona fides of the claim of plaintiffs---Extension of limitation for a suit was provided for under S.18 of Limitation Act, 1908---Averment in the plaint regarding sharing of produce was found to be false and there was no specific averment to bring the case within S.18 of Limitation Act, 1908, therefore, suit was hopelessly barred by time---Even if law of limitation was not 'strict' senso applicable, delay and laches being wholly incompatible with exercise of discretion to grant declaration, the suit was rightly dismissed---Judgment and decree passed by High Court was set aside and those of Trial Court and Lower Appellate Court were restored---Appeal was allowed. Ahmad Din v. Muhammad Shall and others PLD 1971 SC 762; Mst. Phaphan through L.Rs. v. Muhammad Bakhsh and others 2005 SCMR 1278 and Luqman and others v. Gul Muhammad and others…

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