| Case ID |
31d073fe-32dd-440f-b5ed-cb0bed6d0691 |
| Body |
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| Case Number |
Civil Revision No. 2108 of 2009 |
| Decision Date |
Feb 02, 2018 |
| Hearing Date |
Feb 02, 2018 |
| Decision |
The Lahore High Court accepted the civil revision petition, setting aside the impugned judgments and decrees rendered by the lower courts. The court found that the lower courts had failed to appreciate the evidence presented and had misread the relevant documents. The decision emphasized that concurrent findings of lower courts can be reviewed if they are based on insufficient evidence or misinterpretation. The court highlighted that the plaintiff's suit was barred by limitation as it was filed 26 years after the relevant sale-deed, and no adequate explanation for this delay was provided. Thus, the suit was dismissed in its entirety, affirming that the petitioners were validly in possession of the property in question. |
| Summary |
The case revolves around a civil revision filed in the Lahore High Court concerning a dispute over a registered sale-deed and subsequent mutation of land ownership. The plaintiff, Muhammad Boota, challenged the legality of the mutation, claiming it was made without his knowledge and was therefore void. The court's analysis focused on the implications of the Limitation Act, particularly Article 120, which stipulates a six-year limitation period for such suits. The court found that the plaintiff had failed to act within the legal timeframe, as he initiated the suit 26 years after the sale-deed was executed. Additionally, the court ruled that the lower courts had misread evidence and failed to exercise their jurisdiction correctly. The judgment underscores the importance of timely legal action and adherence to procedural requirements in property disputes, making it a significant reference for future cases involving similar issues. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAHID BILAL HASSAN, JUSTICE
|
| Lawyers |
Malik Muhammad Arshad Awan,
Ms. Saima Hanif Mughal,
Mr. Abdul Rehman Miyo
|
| Petitioners |
MUHAMMAD ASHRAF
|
| Respondents |
MUHAMMAD BOOTA
|
| Citations |
2018 SLD 2280,
2018 PLJ 772
|
| Other Citations |
Muhammad Sami v. Additional District Judge, Sargodha and 2 others (2007 SCMR 621),
Muhammad Aslam v. Mst. Ferozi and others (PLD 2001 Supreme Court 213),
Barkat Ali v. Muhammad Nawaz (PLD 2004 Supreme Court 489),
Dilawar Jan v. Gul Rehman and 5 others (PLD 2001 Supreme Court 149)
|
| Laws Involved |
Specific Relief Act, 1877,
Limitation Act, 1908
|
| Sections |
42,
120
|