PROVINCE OF SINDH, through Secretary Revenue vs THAKUR DAS Ss — 2022 MLD 174 KARACHI-HIGH-COURT-SINDH

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PROVINCE OF SINDH, through Secretary Revenue VS THAKUR DAS Ss.42 & 54---Sindh Land Revenue Act (XVII of 1967), S.42---Limitation Act (IX of 1908), Art. 120---Suit for declaration and permanent injunction---Gift mutation, non-attestation of---Limitation---Scope---Plaintiffs filed suit for declaration and injunction against their father and provincial government contending therein that they were owners of suit land by virtue of gift made in their favour by their father---Plaintiffs' father admitted the claim of plaintiffs in respect of purported gift made by him, whereas the Mukhtiarkar denied the claim of plaintiffs by arguing that it was a collusive suit to avoid the operation of Land Reforms Regulations, 1972---Trial Court dismissed the suit whereas Appellate Court decreed the same---Validity---High Court observed that the plaintiffs' own case according to the pleadings was that the gift was made by their father on 20-02-1967 and that they had approached the revenue authorities for mutation of the khata in their names, but it was declined---Plaintiffs had not been able to prove in the evidence that as to when such request of recording the effect of the gift was made by them and refused by the concerned revenue authorities---If the case of plaintiffs' father was to the effect that it was refused, then he in his lifetime ought to have taken recourse to the legal remedy either by way of an appeal under S.161 of the Sindh Land Revenue Act, 1967, or by way of a civil suit under S.9 of C.P.C.---Plaintiffs had filed their suit on 18-07-1974 and counting from 19-05-1967 i.e. after 03 months from the date of the purported gift, the suit was beyond limitation of 06 years as provided under Art.120 of Limitation Act, 1908---Suit of the plaintiffs was hopelessly time barred and such limitation was never condoned nor it could have been, and therefore, the Appellate Court had seriously erred in deciding the issue in favour of the plaintiffs by setting aside the judgment of the Trial Court---Revision application was allowed, in circumstances.

PROVINCE OF SINDH, through Secretary Revenue vs THAKUR DAS Ss — 2022 MLD 174 KARACHI-HIGH-COURT-SINDH

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