MUHAMMAD RAFI vs Mst — 2022 YLR 1752 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD RAFI VS Mst. JAMILA BEGUM art. 120---Civil Procedure Code (V of 1908), S.115---Suit for declaration and injunction---Limitation--- Benami transaction--- Concurrent findings of facts by two Courts below---Respondent-plaintiff claimed to be owner of suit property while petitioner-defendant was shown just Benamidar in year 1964 at the time when property was purchased---Trial Court and Lower appellate Court concurrently decreed suit and appeal in favour of respondent-plaintiff---Plea raised by respondent-plaintiff was that concurrent findings of Courts below could not be disturbed by High Court while exercising revisional jurisdiction provided under S.115, C.P.C.---Validity---Suit was instituted after more than forty years of attestation of sale deed---Maximum period of six years had been provided under art. 120 of Limitation act, 1908, to seek a right---Since inception of litigation it was stance of petitioner-plaintiff that he engineered subject sale deed---When it had been known to petitioner-plaintiff since birth of document, then he took forty three years to file the suit and there was no plausible ground either introduced in plaint or explored through available evidence---Suit was barred by time and law was to help the vigilant and not the indolent---Judgments and decrees passed by two Courts below were result of misreading / non-reading of evidence as well as non-adherence to law laid down by superior Courts---High Court in exercise of revisional jurisdiction set aside concurrent findings of two Courts below and dismissed the suit filed by respondent-plaintiff--- Revision was allowed, in circumstances.

MUHAMMAD RAFI vs Mst — 2022 YLR 1752 LAHORE-HIGH-COURT-LAHORE

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