Case Details

Citation(s)
2026 SLG 4509 = 2026 SLD 4509 = 2026 PLJ 122
Sindh High Court
H.C.A. No. 375 of 2018
Presented By: Muhammad Faisal Kamal Alam and Ms. Sana Akram Minhas JUDGE
Barrister Muhammad Sarmad Khan Azad, along with M/s. Fouzia M. Murad, Alizeh Azad and Qasim Iqbal, Advocates for Appellant. Mr. R.F. Virjee, Advocate for
Respondents No. 1 to 4. Mr. Zahid Khalil Arif, Advocate for
Respondent No. 5. Dates of hearing: 20.1.2026 & 4.2.2026.

AIR VICE MARSHAL MUHAMMAD AFZAL--Appellant

VERSUS

Sqdn. Ldr. (R) K.A. CHAUDHRY and others--Respondents

Law: Specific Relief Act, 1877

Section: 8, 39, 42

Law: Qanun-e-Shahadat Order, 1984

Section: 90-92 ,129(e)

Law: Limitation Act, 1908

Section: 91, 120 , 142

Law: Registration Act, 1908

Section: 34, 35 , 38

Law: Transfer of Property Act, 1882

Section: 15(4)

Specific Relief Act, 1877 (I of 1877)-- ----Ss. 8, 39 & 42--Limitation Act, 1908 (IX of 1908), Arts. 91, 120 & 142--Suit for possession, declaration and cancellation of document--Transfer of suit plot--Limitation--Suit held hopelessly time-barred--Appellant failed to prove ownership--Impugned judgment maintained--Appeal dismissed--Allotment of Suit Plot--Transfer in favour of Respondent No. 1--Subsequent transfer of bifurcated portions--Challenge to transfer--Limitation--Ownership--Burden of proof--Official documents--Presumption of genuineness--Agreement--Affidavit--Relinquishment deed--Registration--Validity of transfer--Subsequent transferees--Lawful ownership--Where Respondents No.1 to 4 had remained in possession of the Suit Plot for decades, burden of proving ownership of the Suit Plot rested upon the Appellant--Appeal dismissed. [P. 134] A Qanun-e-Shahadat Order, 1984 (10 of 1984)-- ----Arts. 90 to 92 & 129(e)--Official documents--Presumption of genuineness--Public record--Official documents produced by the Respondents carried a presumption of genuineness, while official acts were presumed to have been regularly performed unless such presumption was rebutted by evidence; Appellant had failed to displace the statutory presumption.                                                                    [P. 135] B Limitation Act, 1908 (IX of 1908)-- ----Arts. 91, 120 & 142--Transfer of plot--Limitation--Appellant having challenged transfer of Suit Plot made in 1971, prescribed period for restoration of possession, declaration and cancellation of document was twelve years, six years and three years respectively; suit having been instituted after expiry of prescribed periods, it was hopelessly barred by…
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