ANWAR KHAN vs FOZIA KHAN arts — 2023 CLC 1039 KARACHI-HIGH-COURT-SINDH

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ANWAR KHAN VS FOZIA KHAN arts.91 & 120---Specific Relief act (I of 1877), Ss.8, 39, 42 & 54---Suit for recovery of possession, cancellation of agreement, declaration and injunction---Limitation---Dishonest intervention by legal heirs---Plaintiffs claimed that their predecessor-in-interest purchased suit shop and were lawful owners by way of inheritance--- Defendant claimed her right on the basis of a sale agreement only executed between predecessors-in-interest of parties on 28-06-1974, who had paid full consideration amount---Plea raised by defendant was that suit was barred by limitation---Contention of plaintiffs was that the suit was to be dealt under art. 120 of Limitation act, 1908 ---Validity---Provision of art.120 of Limitation act, 1908, was a residuary article for the suits for which no period of limitation had been provided elsewhere in the Schedule of Limitation act, 1908 and limitation of six years would begin when the right to sue accrued---Relief claimed in the suit for cancellation of sale agreement came within the ambit and scope of art. 91 of Limitation act, 1908---Suit filed by plaintiffs was time barred under art. 91 of Limitation act, 1908 and was not maintainable---all brothers and sisters of plaintiffs did not come forward and such absentees chose to honour the agreement made by their predecessors-in-interest---High Court declined to hand over suit shop to plaintiffs just because they happened to be sons of earlier owners, (since deceased) who never claimed title or possession of the shop in their life time--- Where original owners had chosen not to challenge possession in their life time but their legal heirs attempted to do so, such interventions were dishonest---Legitimacy of possession of suit shop was proved by defendants---Suit was dismissed, in circumstances.

ANWAR KHAN vs FOZIA KHAN arts — 2023 CLC 1039 KARACHI-HIGH-COURT-SINDH

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