ABDUL WAHEED vs Mst — 2022 CLC 1754 LAHORE-HIGH-COURT-LAHORE

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ABDUL WAHEED VS Mst. RUBINA SHAHEEN Ss.3, 9 & art.120---Civil Procedure Code (V of 1908), O.VI, R.11---Mutation---Hiba, (gift) validity of---Respondent/plaintiff challenged the mutation based on hibanama in favour of the petitioner, (being her brother in law as well as the foster son of her father, in collusion with his wife (real sister of the respondent),claiming that the said hibanama was based on fraud/misrepresentation and that the impugned mutations recorded/sanctioned on basis of such hibanama was to be cancelled---Petitioners contested the suit by filing written statement accompanied by an application for rejection of the plaint on the ground of being barred by limitation---Trial Court allowed the application and dismissed the suit after hearing arguments of both the parties---District Court allowed the respondent's appeal and remanded the suit---Petitioners contended that the suit was barred by time as the same was filed after 17 years of the mutation entry; that no cause of action was given in the plaint; and that no particulars of fraud were mentioned in either of the plaints---Validity---One of the petitioners being real sister of the respondent did not choose to challenge the impugned mutations/hibanamaas as her interest was not adverse to that of other petitioner---Contents of the plaint clearly revealed that not only fraud had been alleged but even particulars in respect thereto had been delineated quite clearly---Respondent had also clearly mentioned the time when she discovered (in December, 2017) about the allegedly fraudulent mutations / hibanamas---Limitation would start to run from the said time (December, 2017)---Question of limitation could not possibly qualify as a pure question of law on account of what had been stated in the plaints---For determining the point of commencement of the limitation period, Trial Court was required to determine whether respondent had actually gained knowledge in December, 2017 and on what basis and from whom and how and only---In the present case the question of limitation was clearly a mixed question of law and facts---Revision petition was dismissed accordingly.

ABDUL WAHEED vs Mst — 2022 CLC 1754 LAHORE-HIGH-COURT-LAHORE

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